HomeMy WebLinkAboutZOA-12-03City Council Minutes June 25, 2012 Page 3
APPROVAL • AGENDA
By unanimous consent, Item 9, cancellation of the June 2 study session, was pulled
from the agenda, Mayor DiTullio also reported that Items 5 & 6 were misplaced in the
agenda and will be done after Item 2 so there can be a public hearing.
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Council Bill Q9-2012- An Ordinance amending various sections of Chapter 26 of
the Wheat Ridge Code of Laws, concerning zoning, to regulate group homes for
the handicapped and to bring uniformity to certain residential group home zoning
requirements and substance abuse clinic zoning requirements.
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Council Bill 09-2012 was introduced by Mr. Starker. The Clerk assigned Ordinance #
1512.
- . - 0
Staff Report: Ken Johnston
Currently residential group homes for the elderly and children are a permitted use for 8
or fewer residents. 9 or more requires a special permit, Residential group homes for
handicapped persons are a permitted use and have no restrictions on the number of
residents,
The Planning Commission recommended denial of this ordinance. Staff recommends
approval.
City Council Minutes June 25, 2012 Page 4
because these people don't even drive. She encouraged Council not to pass this, or if
they do to make it a large number.
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legal non-conforming use.
homes. IsTing group
The vote was 4-3 with Councilmembers DeMott, Davis and Reinhart voting no.
[Due to the lack • 5 affirmative votes the motion failed. For details see City
Attorney's Matters.)
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ITEM N4;
DATE: June 25, 2012
N' ��E QUEST FOR CITY COUNCIL ACTIO
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Council Action Form
June 25, 2012
Page 2
PRIOR ACTION:
City Council approved an ordinance placing a moratorium on the processing of all
applications, permits and licenses for group homes in the City of Wheat Ridge on April
16, 2012. The moratorium expires on July 16, 2012. City Council was further briefed on
the zoning issues related to group homes at a study session on June 4, 2012.
FINANCIAL IMPACT:
Additional City staff time may be spent on the processing of group home applications required as
a result of the ordinance, but it is doubtful that work load would significantly increase.
BACKGROUND:
The City last updated its ordinances pertaining to group homes in 1996. Following is a summary
of the existing regulations as adopted at that time.
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2) Creating a regulatory scheme under which all residential group homes are regulated in
the same manner. The use charts are updated to treat all residential group homes the
same.
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4) Amending the definition of "Family" to eliminate its current inclusion of handicapped
group living situations and to eliminate what was likely an unintended exclusion of four
(4) persons over the age of sixty (60) living together. The current "family" definition
Council Action Form
June 25, 2012
Page 3
includes groups of three (3) and five (5) unrelated persons over the age of sixty (60)
living together, but not four (4).
5) Deleting the restriction on the number • live-in caretakers in residential grou It
pippippepom 111111 .2 omes
6) Eliminating the current distinction between substance abuse clinics for the treatment of
drug abuse and clinics for the treatment of alcohol abuse; eliminating the current
distinction between outpatient and residential substance abuse clinics; and eliminating the
requiremew _rbi_t_
of their treatment programs,
7) Amending the Commercial and Industrial land use chart to eliminate confusing cross-
references concerning clinics for counseling generally and substance abuse clinics.
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8) Imposing the same off-street parking requirements on all residential group homeK
The proposed changes are generally consistent with the regulations of other Front Range
communities. The cities of Arvada, Aurora, Denver, Englewood, and Lakewood all allow group
homes of eight or fewer residents as a permitted use in residential zone districts. In Westminster
a conditional use permit is required.
Most of these communities establish a variety of supplemental regulations for group homes, su
as separation requirements; evidence of state or county licensure; compliance with applicab
building, zoning, and fire codes; registration with the city; and a requirement that facilities
architecturally compatible with the surrounding neighborhood. I
Additionally, several communities refer to the "reasonable accommodation clause of the F , a
Housing Act and enable a City Manager • Director to accept written applications f
ministrtive relief from specific development stanards, allowing the licant to avoi
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ad a d app d
variance process. In the City of Wheat Ridge a variance of less than 50% is an administrati
process.
RECOMMENDATIONS:
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Council Action Form
June 25, 2012
Page 4
I move to approve Council Bill No. 09-2012, an ordinance amending various sections of
Chapter
• of the Wheat Ridge Code of Laws, concerning zoning, to regulate group homes for
the handicapped and to bring uniformity to certain residential group home zoning requirements
and substance abuse clinic zoning requirements, on second reading, and that it takes effect 15
days after final publication."
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INTRODUCED BY STARKER
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Section 6. The "Table of Uses - Commercial and Industrial Districts" set forth in
Section 26-204 • the Wheat Ridge Code • Laws, concerning uses in commercial
and industrial zone districts, is hereby amended by amending the row concerning
counseling and treatment clinics as follows:
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residential group homes as follows:
Section 8. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street
parking and loading standards, is hereby amended by deleting the following rows
from "Table 6: Schedule of Required Off-Street Parking" thereunder:
Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street
parking and loading standards, is hereby amended by amending the parking
standards for residential group homes under "Table 6: Schedule of Required Off-
Street Parking" as follows:
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Section 8. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street
parking and loading standards, is hereby amended by deleting the following rows
from "Table 6: Schedule of Required Off-Street Parking" thereunder:
Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street
parking and loading standards, is hereby amended by amending the parking
standards for residential group homes under "Table 6: Schedule of Required Off-
Street Parking" as follows:
9
TABLE • Schedule of Required Off-Street Parkinq
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on th
1 1 • June, 2012, ordered published in full in a newspaper • general circulation i
the City
• Wheat Ridge and Public Hearing and consideration • final passage set for
June 25, 2012, at 7:00 o'clock pm., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado. I
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of — to , this 25 day • June, 2012.
SIGNED • the Mayor on this day • 2012.
'Janelle - Sha - we — r, C ity Clerk
First Publication: June 14, 2012
Second Publication:
Wheat Ridge Transcript
Effective Date
N
16 -5 -2 UNIFIED DEVELOPMENT CODE 16 -5 -2
16 -5 -2: Use - Specific Standards.
A. Residential Uses.
1. Group Living Facility. All group living facilities shall be subject to the following standards, except
that, as noted, some of the standards below apply only to group living facilities approved as
conditional uses:
a. A group living facility approved as a conditional use shall not be significantly different from
adjacent uses in terms of appearance, site design, hours of operation, traffic generation,
noise, odor, dust, and other external impacts or, if the use is different, any adverse impacts
resulting from the use will be mitigated to the maximum extent practicable.
b. No group living facility shall be located closer than:
(1) Seven hundred fifty feet (750') from any state- licensed child care facility or any
elementary, middle, or high school; or
(2) One thousand two hundred fifty feet (1,250') from another group living facility.
(3) Measurement of Distance. All distances in this Section shall be measured by following
a straight line from the nearest point of the property line of the proposed group living
facility to the nearest point of the property line of any existing group living facility,
childcare facility or school. Measurements based on one inch (1 ") to one hundred feet
(100') Arapahoe County Assessor maps shall be deemed acceptable for this purpose.
C. Twenty -four (24) hour supervision shall be provided by qualified staff.
d. Any group living facility whose residents include any individual who has been convicted by
any court of more than one (1) misdemeanor or felony involving property damage or
personal injury that was committed while he or she was a resident of the group living
facility shall be deemed to be a public nuisance, and shall be subject to those enforcement
actions and penalties applicable to other public nuisances within the City.
e. The operator of each group living facility shall submit to the City a photocopy of a valid and
current certificate or license issued by the State of Colorado, if any such certificate or license
is required for the operation of the facility. The certificate or license shall be submitted prior
to initiating operations and on or before December 31 of each calendar year thereafter.
f. A group living facility approved as a conditional use shall be considered abandoned if active
and continuous operations are not carried on for a period of twelve (12) consecutive months.
The use may be reinstated only after obtaining a new conditional use approval.
g. As authorized by 42 U.S.C. 3604(f)(9), no group living facility shall provide housing to any
individual whose tenancy would constitute a direct threat to the health or safety of other
individuals or whose tenancy would result in substantial physical danger to the property of
others.
h. A conditional use permit application for a group living facility shall include provisions for
automobile access that will prevent traffic hazards and avoid traffic congestion on adjacent
public streets and alleys.
i. Structures containing a group living facility shall be no taller than the average height of the
three (3) principal structures on the same block located closest to the group living structure.
j. All group living facilities shall register with the City prior to commencing operation.
Supp. No. 29 CD16:79
V� 16 -2 -16 UNIFIED DEVELOPMENT CODE 16 -2 -17
H. Post Decision Remedies. Initiation of the following remedies must occur within thirty (30) days of
the Board decision. For the purpose of this subsection, Board decision shall be the vote on the
Zoning Variance request.
Rehearing. If the applicant or an interested third party finds evidence that was not
available at the time of the hearing that may materially bear on the case, a request for a
rehearing may be made to the Board. The request shall be in writing and contain the
following:
a. A summary of the new evidence.
b. The reason the evidence was not available to the Board at the original hearing.
A statement as to why it is believed that the evidence will materially affect the decision
of the Board.
The Board shall hear the request for rehearing and shall vote on the issue of granting a
rehearing. The chairperson shall announce the Board's decision. If a rehearing is granted,
a new date will be set for a public hearing and all posting and publication requirements
shall apply and shall be the responsibility of the original applicant. If a rehearing is denied,
the original Board decision shall stand.
2. Reconsideration. If a Board Member believes that the Board would benefit from reviewing
a Board decision, a motion for reconsideration of the decision may be made. If the motion to
reconsider fails, the original decision stands. If the motion to reconsider is approved, the
original variance request shall be reheard by the Board. The Board may reconsider the
variance request immediately or may continue the reconsideration to a date certain.
The reconsideration shall be limited to the facts presented in the original variance request
and no new evidence shall be taken. The Board may confirm, reverse, or modify the original
decision.
I. Appeals of Board Decisions. Appeals of final decisions of the Board may be made pursuant to
Section 16 -2 -18 EMC, "Appeals ".
(Ord. 04 -5; Ord. 08 -48, § 8)
16 -2 -17: Administrative Adjustments.
A. Purpose. The City Manager or designee may vary, in minor ways, some provisions of this Title
otherwise applicable to a property pursuant to the procedures in this Section. Administrative Adjust-
ments are to be used when the small size of the adjustment requested, and the unlikelihood of any
adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a formal
Zoning Variance process. In addition, the Federal Fair Housing Act, as amended, requires that local
governments be prepared to make "reasonable accommodations" in order to permit housing for certain
protected groups to occur in certain types of residential areas. Administrative adjustments may be used
when the City determines that an adjustment to the provisions of this Title is required or advisable to
comply with these requirements of the Federal Fair Housing Act.
Supp. No. 27 CD16:49
16 -2 -17 ENGLEWOOD MUNICIPAL CODE 16 -2 -17
B. Initiation. An application for an Administrative Adjustment may be
initiated by those parties identified in Section 16- 2 -3.A. Initiation
C. Notice. The City shall require that the applicant notify adjacent prop-
erty owner(s) and/or occupant(s) by written notice of any application for
Administrative Adjustment.
D. Permitted Adjustments. City Staff
1. General Rules. Decision
a. Except when requested as a reasonable accommodation for
Federal Fair Housing Act ( "FFHA ") purposes, a request for an Administrative
Administrative Adjustment shall not be used to further modify a I Adjustments
development standard that, as applied to the subject property,
already qualifies as an exception to, or modification of, a gener-
ally applicable development standard required under Chapter
16 -6 EMC, (Development Standards). For example, the developer of a residential project
that qualifies for a special variation in the required side setback under the residential
design provisions in Section 16- 6 -10.B EMC, cannot seek an Administrative Adjustment to
further reduce the side setback allowed under the special variation.
b. The City Manager or designee shall not approve any Administrative Adjustment that
results in an increase in permitted maximum development density or intensity; a change in
permitted uses; an increase in building height; or a decrease in the amount of common or
dedicated open space required by this Title or other City policies, standards, or regulations.
2. Scope of Authority —All Adjustments Except Reasonable Accommodations Under FFHA. An
application for an Administrative Adjustment that is not related to a request for "reasonable
accommodation" under the Federal Fair Housing Act may request only the following types of
adjustments:
Principal Dwelling Unit Expansion: Adjustments may be permitted to the front and/or side
setback standards for one -unit residential dwellings to allow expansion of the principal
dwelling's habitable space to match an existing front setback encroachment as follows:
(1) The front and/or side setback encroachment existed on the effective date of this Title.
(2) The linear frontage of the facade of the expansion shall be less than or equal to the
linear frontage of the portion of the dwelling that already encroaches into the setback.
(See Figure 16 -2(1): C must be less than or equal to B.)
Supp. No. 27 CD16:50
a. Side or Rear Setbacks: Adjustments to any side or rear setback standard may be permitted
as follows:
16 -2 -17 UNIFIED DEVELOPMENT CODE 16 -2 -17
(3) The addition or expansion shall not extend beyond the front and/or side building line
of the principal dwelling (not beyond the leading edge of the existing encroachment.)
However, no addition or expansion may encroach more than five feet (5') into the
required front setback. (See Figure 16 -2(1): A may not be greater than five feet (5').
Front Yard Setback
Figure 16 -2(1) Principal B
Dwelling
New C
A
Front Yard Setback
C. Existing Front Porch: Adjustments may be permitted to existing, unenclosed, covered front
porches that encroach into the front setback, subject to compliance with the following
conditions:
(1) The porch encroached into the front setback prior to the effective date of this Title.
(2) The adjustment shall not increase the existing encroachment into the front setback;
and
(3) The porch shall not be enclosed.
d. Off - Street Parking: Adjustments of ten percent (10 %r) or less of the minimum number of
required off - street parking spaces, as set forth in Section 16 -6 -4 EMC, except such
adjustment is not available for one -unit or multi -unit uses containing two (2) dwelling units.
Scope of Authority— Reasonable Accommodations Under the FFHA. In response to a written
application identifying the type of housing being provided and the portions of the Federal Fair
Housing Act that require that reasonable accommodations be made for such housing, the City
Manager or designee is authorized to take any of the following actions in order to provide
reasonable accommodations without the need for a rezoning or Zoning Variance:
a. Modify any facility spacing, building setback, height, lot coverage, or landscaping require-
ment by no more than ten percent (10 %; or
b. Reduce any off - street parking requirement by no more than one (1) space.
The City Manager or designee may approve a type of reasonable accommodation different
from that requested by the applicant if the City Manager or designee concludes that a
different form of accommodation would satisfy the requirements of the Federal Fair
Housing Act with fewer impacts on adjacent areas. The decision of the City Manager or
designee shall be accompanied by written findings of fact as to the applicability of the Fair
Supp. No. 25 CD16:51
16 -2 -17 ENGLEWOOD MUNICIPAL CODE 16 -2 -17
Housing Act, the need for reasonable accommodations, and the authority for any reasonable
accommodations approved. Requests for types of accommodation that are not listed above
may only be approved through a Zoning Variance or rezoning process.
E. City Review and Decision.
1. The City Manager or designee shall review the proposed Administrative Adjustment, and may
refer the application to any department or agency for its review and comments.
2. The applicant shall provide a Zoning Site Plan, written request and justification for the
adjustment, proof of adjacent property notification, and any other document or materials
appropriate to the application.
3. Following such reviews, the City Manager or designee shall approve, conditionally approve, or
deny the application. Denials of Administrative Adjustments by the City Manager or designee
may be heard before the Board pursuant to Section 16 -2 -16 EMC, "Zoning Variances ".
F. Criteria. An Administrative Adjustment shall only be approved by the City Manager or designee if
it meets all of criteria 1 through 5 below, or if it meets criteria 6 below:
1. The requested adjustment is consistent with the Comprehensive Plan and the stated purpose of
this Title.
2. The requested adjustment meets all other applicable building and safety codes.
3. The requested adjustment does not encroach into a recorded easement.
4. The requested adjustment will have no significant adverse impact on the health, safety, or
general welfare of surrounding property owners or the general public, or such impacts will be
substantially mitigated.
5. The requested adjustment is necessary to either: (a) compensate for some practical difficulty or
some unusual aspect of the site of the proposed development not shared by landowners in
general; or (b) accommodate an alternative or innovative design practice that achieves to the
same or better degree the objective of the existing design standard sought to be modified. For
purposes of this provision only, determination of "practical difficulty or some unusual aspect" may
include consideration of:
a. The historic aspect and development of the subject property;
b. The use and development of the subject property compared to similar properties in the
vicinity and in the same zone district;
C. The property's use and development under previously applicable zoning, as relevant;
d. Any intervening public action (e.g., condemnation for public right -of -way); or
e. Other similar factors that support a finding of a practical difficulty or unusual aspect that
is not of the applicant's own making or under the applicant's direct control.
6. The requested adjustment is required or advisable to comply with the requirements of the
Federal Fair Housing Act, and does not create significant adverse impacts on the surrounding
neighborhood.
(Ord. 04 -5; Ord. 05 -25; Ord. 08 -37, § 1)
Supp. No. 25 CD16:52
V V &V
_
Article 11. Use Limitations
Division 11.2 Residential Primary Use Limitations
B. The commercial activity shall not have more than 2 employees or regular assistants on the
premises at one time (such employees or regular assistants may be in addition to residents of
the Live /Work Dwelling employed or working in the commercial activity portion of the use).
C. Signs are limited to not more than 2 non - animated, non - illuminated wall or window signs not
exceeding 20 square feet in total area.
D. Outside storage of any flammable and combustible liquids and flammable gases is prohibited.
E. Nonresidential storage in the Live /Work Dwelling shall be limited to no more than 10% of the
space dedicated to the commercial or nonresidential activity.
GROUP LIVING USE CATEGORY
SECTION 11.2.4 RESIDENCE FOR OLDER ADULTS
11.2.4.1 All SU Zone Districts
In all SU Zone Districts, where permitted with limitations, a Residence for Older Adults use shall
include no more than 1 dwelling unit per zone lot.
11.2.4.2 All TU Zone Districts
In all TU Zone Districts, where permitted with limitations, a Residence for Older Adults use shall
include no more than 2 dwelling units per zone lot.
SECTION 11.2.5 RESIDENTIAL CARE USE, SMALL OR LARGE
11.2.5.1 All Zone Districts
In all Zone Districts, where permitted with limitations:
A. Intent
The intent of these limitations for Residential Care uses is:
1. To develop zoning regulations that apply to housing for special populations and which are
humane, equitable and enforceable through the regulation of institutions and facilities
only, and not individuals;
2. To support and reinforce the viability and continuation of neighborhoods and communi-
ties that provide healthy environments for all their residents;
3. To prevent the "institutionalization" of residential neighborhoods by concentrating Resi-
dential Care uses so as to allow all residents, including the special populations, to reap the
benefits of residential surroundings;
4. To increase location opportunities for critically needed Residential Care facilities, thereby
helping to integrate special populations into the mainstream of society;
S. To comply with the principles, policies and regulations of federal and state fair housing
legislation;
6. To establish an ongoing, effective process of communication between local neighborhood
residents, the operators of Residential Care facilities and city agencies that regulate such
facilities;
7. To encourage and coordinate the use by the regulatory city agencies, as well as by all
involved licensing agencies, of common categories and definitions of Residential Care
facilities for special populations; and
Amendment: S DENVER ZONING CODE 111.2-3
)ime 25,20 10
Article 11. Use Limitations
Division 11.2 Residential Primary Use Limitations
8. To promote the dispersing of facilities and beds for special populations thereby prevent-
ing individuals from being forced into neighborhoods with concentrations of treatment
facilities and beds and thus perpetuating isolation resulting from institutionalization.
B. Designation of Contact Person
The applicant or operator of a Residential Care use shall designate a staff member who shall be
available on a continuous basis to receive questions and concerns from interested neighbors.
Any issues not satisfactorily resolved through the applicant and facility staff shall be reported to
the Zoning Administrator.
C. Continuation of Certain Existing Uses
1. An institution or any other use operating as a Residential Care use and existing as of April
1, 1993, shall be classified as a legal, nonconforming use and may continue its operation
providing it has a valid zoning permit.
2. Any exterior additions or exterior structural modifications that increase the gross floor
area of an existing structure shall require the approval of a zoning permit according to
Section 12.4.2, Zoning Permit Review with Informational Notice.
3. Any increase in the number of permitted residents shall require the approval of a zoning
permit according to Section 12.4.2, Zoning Permit Review with Informational Notice.
4. Any change in the type of resident of a Residential Care use allowed under the provisions
of this section shall meet all applicable requirements except the requirements set forth in
Section 11.2.5.1.D.3.
D. Limitations for Large Residential Care Use
All Large Residential Care uses shall comply with the following limitations:
Owner and operational limitations
a. The applicant is the owner or has written approval of the owner of the property.
b. The applicant and the owner have obtained or will obtain upon granting of the per-
mit any licenses or certification required by the state and /or the city.
C. The program and operational plan has been or will be approved by a licensing
agency appropriate to the special population being served in the facility.
d. The applicant and the operator will provide adequate measures for safeguarding
the public and the facility residents. Such measures shall be appropriate to the spe-
cial population including intake screening, supervision and security.
e. The proposed use will not substantially or permanently injure the appropriate use
of nearby conforming property.
f. The number of beds in the proposed facility, in combination with the number of
existing correctional institution and Residential Care use beds within the affected
neighborhood, regardless of compliance with the spacing and density requirements
set forth in this subsection, shall not substantially or permanently injure the neigh-
borhood or shall not cause or add to the institutionalization of residential neighbor-
hoods which would prevent all residents, including the special populations, from
being able to reap the benefits of residential surroundings.
2. Property and building limitations
a. The size and architectural style of new structures or additions to existing structures
located in a residential zone shall not be substantially dissimilar from other struc-
tures in the surrounding residential neighborhood and shall comply with all other
requirements of the Zone District in which they are located.
b. The applicant and the operator will adequately maintain the building and grounds.
11.2-41 DENVER ZONING CODE Amendment: 5
June 25, 2010
Article 11. Use Limitations
Division 11.2 Residential Primary Use Limitations
3. Spacing, density, site and other limitations
a. All proposed Large Residential Care uses shall satisfy the following minimum
requirements unless specifically exempt by other provisions herein. Provided, how-
ever, that the Zoning Administrator may approve the permit for a Large Residential
Care use in a location in violation of the spacing and density regulations of this
subsection upon a determination that the spacing violation is less than 10 percent
of the required spacing and that locating the proposed use will not substantially or
permanently injure the neighborhood. Provided, further, that the Zoning Adminis-
trator may require up to 200 feet of additional spacing between Large Residential
Care uses in impacted neighborhoods.
b. "Impacted neighborhoods" for the purpose of this subsection shall be those neigh-
borhoods that have more Residential Care uses within their boundaries than the
city-wide average number per neighborhood. Community Planning and Develop-
ment shall keep records of such "impacted neighborhoods ".
C. All existing Large Residential Care uses and any church containing a shelter that
exceeds the limits of this section shall be counted when the following spacing and
density requirements are applied.
d. Spacing and density regulations: (a) A Large Residential Care use shall be a mini-
mum of 2,000 feet from another such use; and (b) No more than two other such
uses shall exist within a 4,000 foot radius measured from the proposed use.
4. Minimum lot dimensions
The proposed use shall have a minimum lot size of 6,000 square feet and a minimum lot
width of 50 feet.
5. Limitations on external effects
Such use shall comply with the limitations on external effects as established for uses by
right in the district in which it is located.
6. Special requirements for Large Residential Care Uses
Certain Large Residential Care uses shall be subject to the following special requirements.
In case of conflict with the general requirements of this section, the provisions of this
subsection shall apply:
a. Large Residential Care use in all SU, TU, TH, or RH Zone Districts, other than a Com-
munity Corrections Facility or a Shelter for the Homeless, shall be located only in a
structure existing on May 24, 1993, and shall be limited to a maximum number of
20 residents. Such structure shall not be enlarged as long as it is used for a Large
Residential Care use. In a RO or MU Zone District, Large Residential Care uses,
other than a Community Corrections Facility or a Shelter for the Homeless, shall be
limited to a maximum of 40 residents.
b. Community Corrections Facility - See Sections 8.9.5.1., Community Corrections
Facility, and 9.1.5.4, Community Corrections Facility, for additional limitations ap-
plicable to Community Correction Facility uses, which are a specific type of Large
Residential Care Use.
C. Shelter for the Homeless -- See Section 11.2.6, Shelter for the Homeless, for ad-
ditional limitations applicable to Shelter for the Homeless uses, which are a specific
type of Large Residential Care Use.
E. Limitations for Small Residential Care Use
All Small Residential Care uses shall comply with the following limitations:
1. Owner and operational limitations
The applicant is the owner or has the written approval of the owner of the property.
0 Amendment: 5 DENVER ZONING CODE 111.2-5
June 25, 2010
Article 11. Use Limitations
Division 11.2 Residential Primary Use Limitations
b. The applicant and the operator have obtained or will obtain upon granting of the
permit any licenses or certifications required by the state and /or the city.
Building and site limitations
Locating the proposed use in the neighborhood shall not substantially or permanently
injure the appropriate use of nearby conforming property, and shall not cause or add to
the institutionalization of residential neighborhoods that would prevent all residents,
including the special populations, from being able to reap the benefits of residential sur-
roundings.
3. Upon issuance of a permit for a Small Residential Care use, the applicant and the operator
shall only be required to comply with:
a. Division 10.4, Parking and Loading;
b. Section 11.2.5.1.C.2, Continuation of Certain Existing Uses - Requirement for ZPIN
Review for Floor Area Increases in Existing Structures;
C. Section 11.2.5.1.C.3, Continuation of Certain Existing Uses - Requirement for ZPIN
Review for Increases in Number of Permitted Residents;
d. Section 11.2.5.1.D.4, Minimum lot dimensions; and
e. Section 11.2.5.1.D.5, Limitations on external effects.
4. No conditions on the number of staff may be placed on the permit for transitional housing
except for a condition requiring at least one staff person on -site.
F. Compliance with Denver Building and Fire Code
All Residential Care uses shall comply with applicable provisions of the Denver Building and
Fire Code.
G. Approvals Personal to Applicant /Operator
The permit for an approved Residential Care use shall automatically expire at such time as
the operator specified in the permit no longer operates the Residential Care use at the subject
property.
SECTION 11.2.6 SHELTER FOR THE HOMELESS
11.2.6.1 All Zone Districts
In all Zone Districts, where permitted with limitations:
A. Limitations for Large Residential Care Use Apply
Shelter for the Homeless is a specific type of Large Residential Care use and is subject to all of
the requirements of Section 11.2.5.1.1), Limitations for Large Residential Care Use. In addition,
all Shelters for the Homeless shall comply with following special requirements. In case of con-
flict with the requirements of Section 11.2.5.1.D. Limitations for Large Residential Care Use, the
provisions of this subsection shall apply:
B. Number of Beds
The number of beds in the shelter shall not exceed 200. Notwithstanding the preceding sen-
tence, for shelters having a zoning permit as of January 1, 2005, allowing 200 beds or more, the
maximum number of beds in the shelter shall not exceed 350. There shall be no more than 950
beds in permanent homeless shelters in any one council district.
C. Increase in Shelter Resident Population
Except for an increase in the number of beds up to 350, pursuant to Section 11.2.6.1.13, Number
of Beds, and notwithstanding the restriction of Section 11.2.5.1.C.2, Continuation of Certain Ex-
isting Uses - Requirement for ZPIN Review for Floor Area Increases in Existing Structures, and
Section 11.2.5.1.C.3, Continuation of Certain Existing Uses - Requirement for ZPIN Review for
Increases in Number of Permitted Residents, the permanent increase in the number of Shelter
11.2-61 DENVER ZONING CODE Amendment: s 0
June 25, 2010
Article 12. Zoning Procedures & Enforcement
Division 12.4 Zoning Application and Review Procedures
Adjustment allowed when
Zoning Administrator finds
Minimum Width of Internal Drives in adjustment is necessary to re-
Off- Street Parking Areas na lieve hardship associated with
providing safe vehicle access
and circulation on unusually
small or narrow lots.
Minimum Landscaping Standards na
Adjustment allowed when
Zoning Administrator finds
the adjustment is necessary
to: (1) preserve existing, ma-
ture trees; (2) mitigate exces-
sive improvement costs; (3)
relieve impractical hardship
due to physical limitations of
the site. See Section 10.5.3.1.
As expressly allowed in other parts of this Code, the Zoning Administrator may grant administrative adjustments ac
cording to the allowances and limits expressed, and according to the procedures in this Section 12.4.5.
B. Administrative Adjustments to Ensure Compliance with Federal Law
1. Compliance with Federal Religious Land Use and Institutionalized Persons Act of
2000(RLUIPA)
General
The Zoning Administrator may grant administrative adjustments to any use, build-
ing form, or design standard stated in Articles 3 through 9, Contexts and Zone Dis-
tricts, Article 11, Use Limitations, or Article 10, General Design Standards in order
to eliminate a substantial burden on religious exercise as guaranteed by the Federal
Religious Land Use and Institutionalized Persons Act of 2000, as amended.
b. Limitations
In no circumstance shall the Zoning Administrator approve an adjustment that
allows a religious assembly use, or any uses /structures /activities accessory to it,
in a Zone District where Articles 3 through 9 prohibit such use or accessory use/
structure /activity.
Conditions of Approval
In granting an administrative adjustment, the Zoning Administrator may require
conditions that will secure substantially the objectives of the modified standard and
that will substantially mitigate any potential adverse impact on the environment
or on adjacent properties, including but not limited to additional landscaping or
screening.
2. Reasonable Accommodations under Federal Fair Housing Act (FFHA)
a. The Zoning Administrator may grant administrative adjustments to provide reason-
able accommodations under the Federal Fair Housing Act. In the application for an
administrative adjustment under this subsection, the applicant shall identify the
type of housing being provided and cite the specific provisions of the Federal Fair
Housing Act that require reasonable accommodations be made for such housing.
The Zoning Administrator may grant the following types of administrative adjust-
ments to assure reasonable accommodations required by law:
12.4-141 DENVER ZONING CODE Amendment: 5 0
June 2S, 2010
Article 12. Zoning Procedures & Enforcement
Division 12.4 Zoning Application and Review Procedures
i. Modify any minimum distance or spacing requirements, building setback,
height, open space or building coverage, or landscaping requirement by no
more than 10 percent; or
ii. Reduce any off - street parking requirement by no more than 1 space.
b. The Zoning Administrator may approve a type of reasonable accommodation differ-
ent from that requested by the applicant if the Zoning Administrator concludes that
a different form of accommodation would satisfy the requirements of the Federal
Fair Housing Act with fewer adverse impacts on adjacent areas. The decision of
the Zoning Administrator shall be accompanied by written findings of fact as to the
applicability of the Federal Fair Housing Act, the need for reasonable accommoda-
tions, and the authority for any reasonable accommodations approved. Requests
for types of accommodation that are not listed above may only be approved through
a Variance or Official Map Amendment (Rezoning) process.
3. Compliance with Other Federal Laws
The Zoning Administrator is authorized to grant administrative adjustments necessary
to ensure compliance with any other applicable federal law, provided the adjustment is
no greater than any adjustment specifically authorized by this Section 12.4.5. Requests
for adjustments that are not otherwise authorized by this Section may only be approved
through a Variance or Official Map Amendment (Rezoning) process.
12.4.5.4 Initiation
The owner of the subject property or the owner's authorized agent may initiate an application for
an administrative adjustment.
12.4.5.5 Pre - Application Conference
A pre - application conference is mandatory before submittal of an application for administrative
adjustment. See Section 12.3.2, Pre - Application Conference /Concept Plan Review.
12.4.5.6 Application and Fees
A. Concurrent Review for Administrative Adjustments
Requests for administrative adjustments may be submitted concurrently with any other re-
quired zoning application according to Section 12.3.3.9, Concurrent Applications. In such cases,
the Zoning Administrator shall review and take action on the administrative adjustment during
the review of the primary application.
B. All Other Requests for Administrative Adjustments
All applications for administrative adjustment shall be filed in writing with Community Planning
and Development. The applicant shall pay all required fees at the same time the application is
submitted. See Section 12.3.3, Submission of Applications.
12.4.5.7 Review, Referral and Final Decision by Zoning Administrator
A. The Zoning Administrator may refer the administrative adjustment application to other af-
fected or interested parties and agencies for review and comment, as deemed necessary to
make a decision on the application.
B. In deciding to approve, approve with conditions, or deny the proposed adjustment, the Zoning
Administrator shall consider relevant comments of all interested parties and agencies.
C. The Zoning Administrator may attach any condition to approval of an administrative adjust-
ment reasonably necessary to protect the health, safety and welfare of the community, to secure
substantially the objectives of the modified standard, and to minimize adverse impacts on
adjacent properties.
DENVER ZONING CODE 112.4-15
June 25, 2010
b. Using contrasting vertical and horizontal elements such as
atriums or columns which extend to the roof to provide
C. Designing the roof so that portions of it are sloped to
provide contrast with a flat roof, varying the height of
various portions of the roof, and creating distinctive
rooflines by incorporating cornices, parapets, and
projecting elements.
4. Fast Food Restaurants w ithin Shoppinq Centers: Unitv of Desian
Fast food restaurants located within a shopping center, whether
freestanding or non - freestanding, shall exhibit a unity of design
with the shopping center through the use of similar elements such
as rooflines, materials, colors, window arrangements, and other
architectural details.
Trash Management Program All fast food restaurant uses shall
have a trash management program for the daily removal of trash
and litter on the site and on any adjacent affected property.
5.2.15 Financial Institutions in the R -NT Zoning District
Financial institutions in the R -NT Zoning District shall not include drive -in facilities
and shall contain no more than 2,500 square feet of gross floor area.
5.2.16 Freight Terminals
A. Barriers shall be provided and located such that no part of parked
vehicles will extend beyond the yard space or into the setback space from
a lot line abutting a residential lot or separated therefrom by a street.
5.2.17 Greenhouse Including Retail Sales of Related Products
A. The following requirements shall apply to greenhouse /nursery uses that
include retail sales:
Outdoor storage of bulk materials shall meet the setback
requirements established for greenhouse /nurseries.
The type and location of any bulk materials to be stored on any
site shall be determined at the time of approval of the conditional
use permit. Any materials approved for bulk outdoor storage shall
not cause a hazard or nuisance to the health, welfare or safety of
humans or animals.
5.2.18 Group Living Facilities
A. Generally Applicable Regulations Unless otherwise expressly stated. all
Group Living Facilities shall be subject to the following standards:
Licensing The applicant is licensed by the State of Colorado to
operate such facility, or is not required to be licensed. If said
license is pending, a conditional use permit may be granted, but
shall not take effect until licensing becomes final.
5 -19
2. Building Code. The proposed occupancy complies, or will comply,
with the requirements of the currently adopted Uniform Building
Code.
3. Effects on Neighborhood. The proposed Group Living Facility will
not have an adverse effect on the residential character and quality
of life in the particular neighborhood. The Decision- Making Body
may not deny development approval for a proposed Group Living
Facility solely on the basis of neighborhood opposition, where no
valid and substantive evidence has been offered to show that the
proposed Group Living Facility would have such adverse effect.
a. Any proposed new structure or structural changes to an
existing structure shall be consistent in architectural design
and style with the character of the surrounding
neighborhood.
b. The Decision - Making Body shall have the authority to
impose reasonable conditions upon the approval which are
found necessary to operate the Group Living Facility in a
manner compatible with the neighborhood.
4. No administrative activities of any private or public organization or
agency other than those incidental to operation of the specific
Group Living Facility shall be conducted on the premises of the
Group Living Facility.
5. Dispersal Policy In the absence of compelling reasons to the
contrary, it is the policy of the City of Arvada that in order to
prevent the concentration of Group Living Facilities, no two Group
Living Facilities may locate within 750 feet of each other. The
Decision- Making Body shall therefore find that there is no other
home located within 750 feet of the proposed Group Living
Facility, or that there are compelling reasons for disregarding this
dispersal policy in a particular case, including but not limited to
making reasonable accommodations under the federal Fair
Housing Act. (See §5.2.18.D below.)
Threats to Public Safety. As authorized by 42 USC §3604(f)(9),
no Group Living Facility shall provide housing to any individual
whose tenancy would constitute a direct threat to the health or
safety of other individuals or whose tenancy would result in
substantial physical danger to the property of others.
Duration. Conditional use approval for any Group Living Facility
may be granted for the term of the facility's license, or for such
shorter period as the Decision- Making Body shall find appropriate
under the circumstances of the individual case, but in no event for
a period greater than two years.
8. Abandonment of Use. If active and continuous operations are not
carried on for a period of 12 consecutive months in a Group Living
Facility approved as a conditional use, the Group Living Facility
5 -20
shall be considered to be abandoned. The use may be reinstated
only after obtaining a new conditional use approval.
9. Renewal. At the expiration of its term, a conditional use permit for
any Group Living Facility shall automatically renew under the
same conditions, including duration, as the original approval,
unless any City department or the Group Living Facility's licensing
agency has received written complaints concerning the operation
of the Group Living Facility during the term of the conditional use
permit. If any such complaint has been received, the application
for renewal must be heard by the Planning Commission and City
Council under the same requirements for a new conditional use
application.
B. Additional Regulations Applicable to Group Homes. In addition to the
general regulations set forth in §5.2.18.A above, Group Homes not
otherwise more specifically listed as another type of Group Living Facility
in the Use Table ( §5.1.2 above) shall be subject to the following additional
standards:
1. If the purpose and intent of the Group Home is to serve a class or
C. Additional Regulations for Group Homes for Juvenile Offenders In
addition to the general regulations set forth in §5.2.18.A above, the
following shall apply to all Group Homes for Juvenile Offenders:
There shall be at least 1,000 square feet of lot area per occupant,
and
2. Such group home shall have in place adequate 24 -hour on -site
supervision and security, approved by the Community
Development Director and the Arvada Chief of Police, with input
from the placing agency.
D. Reasonable Accommodations. The federal Fair Housing Act (42 U.S.C.
§3601, et seq., as amended) requires that local governments be prepared
to make "reasonable accommodations" in order to permit housing for
5 -21
group of residents protected under the federal Fair Housing Act,
4u r�
42 U.S.C. §3601, et seq., as amended, the Group Home shall be
�(r'�
allowed as a permitted by -right use in all residential zoning
,YJ� ��°
tfi
districts, provided the number of residents does not exceed 8
persons. If the number of residents is greater than 8 persons,
G •
then the Group Home may be allowed only as a conditional use.
In no case may the number of residents exceed 12 persons,
including resident supervisory personnel.
2. If the purpose and intent of the Group Home is not to serve a
&K tA
class or group of residents protected under the federal Fair
rAL
ok ���
C �
Housing Act, 42 U.S.C. §3601, et seq... as amended, the Group
,
Home shall be allowed only as a conditional use in all residential
C'
zoning districts, provided the number of residents does not exceed
12 persons, including resident supervisory personnel.
C. Additional Regulations for Group Homes for Juvenile Offenders In
addition to the general regulations set forth in §5.2.18.A above, the
following shall apply to all Group Homes for Juvenile Offenders:
There shall be at least 1,000 square feet of lot area per occupant,
and
2. Such group home shall have in place adequate 24 -hour on -site
supervision and security, approved by the Community
Development Director and the Arvada Chief of Police, with input
from the placing agency.
D. Reasonable Accommodations. The federal Fair Housing Act (42 U.S.C.
§3601, et seq., as amended) requires that local governments be prepared
to make "reasonable accommodations" in order to permit housing for
5 -21
certain protected groups to occur in certain types of residential areas. In
response to a written application identifying the type of housing being
provided and the portions of the Fair Housing Act that require that
reasonable accommodations be made for such housing, the Community
Development Director is authorized to take any of the following actions in
order to provide reasonable accommodations without the need for a
rezoning or variance process:
Modify any facility spacing, building setback, height, lot coverage,
or landscaping requirement by no more than 20 %;
Modify any limits on the number of non - related occupants allowed
in the principal building by no more than 20 %;
Modify the requirements for dispersal of Group Homes; or
4. Reduce any off - street parking requirement by no more than one
space.
The Director may approve a type of reasonable accommodation different
from that requested by the applicant if the Director concludes that a
different form of accommodation would satisfy the requirements of the
Fair Housing Act with fewer impacts on adjacent areas. The decision of
the Community Development Director shall be accompanied by written
findings of fact as to the applicability of the Fair Housing Act, the need for
reasonable accommodations, and the authority for any reasonable
accommodations approved. Requests for types of accommodation that
are not listed above may only be approved through a variance or rezoning
process.
5.2.19 Industry, Manufacturing & Production
A. Operational Standards. In addition to the operational standards set forth
in §6.19 of this Code, all industry and manufacturing and production uses
shall comply with the following operational standards:
The best industry standard, maintenance, and control currently
available will be utilized in order to maintain the lowest possible
measurement of emission of odorous gases.
B. Primary Manufacturing All primary manufacturing uses shall comply with
the following standards, as applicable:
In the NC -I /OF and NC -MU -A Sub - Districts, primary
manufacturing, processing, and fabrication uses shall be
completely enclosed within a building.
C. Secondary Manufacturing. All secondary manufacturing uses shall
comply with the following standards, as applicable:
In the 1 -1 Zoning District and the NC -I /OF and NC -MU -A Sub -
Districts, secondary manufacturing, processing, and fabrication
uses shall be completely enclosed within a building.
5 -22
Group Homes, Shelters
9G &Day Care Facilities
Sections 146 -1219, 146 -1224, and 146 -2001, Aurora Municipal Code
Revised: March 31, 2008
City of Aurora
Planning Department
15151 E. Alameda Pkwy
2nd Floor
Aurora, CO 80012
Phone: 303-739-7250
Fax: 303-739-7268
Email: plannino(�bauroraoov.org
FDept >PIanning >Handouts >PDF - Code Handouts >Group Homes.pdf
Sec. 146 -1219. Group Homes.
(A)
Purpose. The purpose of this section is to recognize group homes that serve the
function of providing a residential environment for various members of our society. The
recognition of these homes through this section and the definitions found in article 20
serve to permit their use in various residential zones, while maintaining the quiet
enjoyment of all neighborhoods.
9°
(B)
Developmentally Disabled, Handicapped, Mentally W. Group homes for the exclusive
use of developmentally disabled, handicapped, or mentally ill may be
persons
established in any residential zone district or residential planning area that permits
residential dwellings, subject to the licensing requirements of the state and the
registration procedures described here.
1. Prior to establishment of a group home for the developmentally disabled, mentally
�
ill, or handicapped, the owner /operator thereof shall register with the department
d�
of planning on a form provided by the department. Registration shall be effective
for 12 months. Prior to expiration of such 12 -month period, application for
l L �.a—k
registration renewal shall be made. Renewal shall be granted by the director or
designee if the group home continues to be in compliance with the definition of
group home for developmentally disabled, mentally ill, or handicapped.
2. It shall be unlawful to operate a group home for the developmentally disabled,
mentally ill, or handicapped without first having registered as required herein. It
shall be unlawful to operate a group home with an expired registration.
(C) Sixty Years of Age or Older. Group homes for persons 60 years of age or older may be
established in any residential zone district or residential planning area that permits
residential dwellings, provided such group homes comply with the requirements in this
section.
Application. Prior to the establishment of a group home for persons 60 years of
age or older, the owner /operator shall file an application with the director of
planning or designee on an application form provided by the department. Notice
of the application shall be provided to abutting property owners and registered
neighborhood groups within one -half mile of the subject property. The planning
director or designee shall conduct a fact - finding investigation on the application.
The director may approve or deny the application based on the criteria in this
section. An application shall be granted if the director finds the proposal
complies with the following criteria:
A 4#W a. No group home for persons 60 years of age or older shall be located
'`'� within 1,500 feet of any other group home;
b. The group home shall comply with all city codes including but not limited
to building, fire, housing, and zoning codes prior to opening and operating
. _ 1 as a group home;
C. The group home shall comply with the height, setback, area coverage, lot
size, and other requirements applicable to the particular zone district in
S� which the home is located;
d. Any proposed new structure or structural changes to an existing structure
shall be consistent in architectural design and style with the character of
the surrounding neighborhoods;
e. No administrative activities of any private or public organization or agency
other than those incidental to operation of the specific group home shall
be conducted on the premises of the group home;
f. The applicant shall demonstrate that efforts to meet with neighbors have
occurred. An open house shall be held within the first 30 days from
submission of the application. The applicant shall notify neighborhood
groups within one -half mile of the proposed group home and the
immediate abutting property owners that they are invited to view the site
proposed for the group home and meet with the applicant. Comments
from those notified shall be considered prior to making a determination as
to whether the approval should be granted;
g. The director or designee shall have the authority to impose reasonable
conditions to the approval, which are found necessary to operate the
group home in a manner compatible with the neighborhood. The applicant
shall sign and be bound by the conditions of approval.
2. Approval Binding. After approval of an application by the director of planning or
designee, the approved application and conditions of approval shall be binding on
the applicant. The approved application and conditions shall limit and control the
construction, location, use, and operation of all structures included within the
application to all limitations and conditions set forth in the approved application
and conditions of approval.
Changes to Approved Group Home. All changes to the application or conditions
of approval must be approved by the planning department after notification to
abutting property owners and the registered neighborhood groups within one half
mile. The director shall consider any comments received from those notified and
may impose reasonable conditions on any approval.
4. Appeal. A decision by the planning department may be appealed to the city
council by an applicant, abutting property owners, or affected neighborhood
group provided such appeal is filed with the city manager within ten days of the
decision. The city council shall have the power to overrule the director or
designee's decisions by a recorded vote of a majority of the city council members
present and voting. The city council shall consider the fact - finding investigation
made by the planning department and any new information.
5. Annual Registration. Upon approval, the group home shall be registered with the
planning department on a form provided by the department. Prior to establishing
the group home for the developmentally disabled, mentally ill or handicapped, the
owner /operator shall register with the department of planning. The registration
shall be effective for 12 months. Prior to the expiration of the 12 -month period,
an application for registration renewal shall be made. Renewal shall be granted
by the director or designee if the group home continues to be in compliance with
the definition of group home. It shall be unlawful to operate a group home without
first registering the home as required by this Code. It shall be unlawful to operate
a group home with an expired registration.
(D) Compliance with All Applicable Codes. Group homes shall comply with all applicable
provisions of the building code and the underlying zone district including, but not limited
to, building height, setbacks, area and lot coverage. Architectural designs inconsistent
with the character of the surrounding neighborhood are prohibited.
(E) Permitted and Nonconforming Uses. Only those group homes as defined in article 19 Lil.
shall be permitted. Existing facilities under the former definition of "group homes" that do
not comply with the provisions of this section shall be considered nonconforming uses
and shall be subject to the limitations on nonconforming uses in section 146 -105 of this
Code.
(Ord. No. 2001-72, 12 -3 -2001)
Sec. 146 -1224. Daycare Homes, Daycare Centers, and Small and Large Care Centers.
It shall be unlawful for any person to maintain any child or adult in such facility, other
than the child or adult of the owner or manager living therein, for more than 16 hours in any 24-
hour period. The operation of the facility shall not include overnight occupancy by the clients.
Adult day care may be operated within structures on church premises or publicly owned
community centers, provided such uses are lawfully permitted and operating in the underlying
zone district.
(A) Day Care Homes. Day care may be provided to children from birth to 16 years of age,
with no more than two children, including caretaker's own children, under two years of
age. The following limit on enrollment must be maintained:
Table 12.2 Day Care Homes Limits on Enrollment
(A)
(B)
Caretaker's Preschool Children
Maximum Number of Day Care Children Permitted
1.
2
4
2.
1
5
3.
0
6
(Ord. No. 2001 -72. 12 -3 -2001)
Sec. 146 -2001. Definitions.
Child care center, large - means a facility, by whatever name known, which is maintained for the
whole or part of a day for the care of 13 or more children under the age of 16 years, and not
related to the owner, operator or manager thereof. Such facility shall be operated with or without
compensation for such care, and with or without stated educational purposes, and holding a
valid state license for the operating of a child care center. The term shall include facilities
commonly known as "day care centers," "day nurseries," "nursery schools," "kindergartens,"
"preschools," "play groups," "day camps," "summer camps," "centers for mentally retarded
children." It shall include those facilities that give a maximum of ten -hour care for dependent and
neglected children. It shall include those facilities for children under the age of six years, with
stated educational purposes, operated in conjunction with a public, private, or parochial college
or a private or parochial school. The term shall not apply to a kindergarten maintained in
connection with a public, private, or parochial elementary school system of at least six grades.
Child care center, small - means a facility, by whatever name known, which is maintained for
the whole or part of a day for the care of from seven to 12 children under the age of 16 years,
and not related to the owner, operator or manager thereof. Such facility shall be operated with
or without compensation for such care and with or without stated educational purposes and
holding a valid state license for the operating of a child care center. The term shall include
facilities commonly known as "day care centers," "day nurseries," "nursery schools,"
"kindergartens," "preschools," "play groups," "day camps," "summer camps," "centers for
mentally retarded children," and those facilities which give a maximum of ten -hour care for
dependent and neglected children. It shall include those facilities for children under the age of
six years, with stated educational purposes, operated in conjunction with a public, private, or
parochial college or a private or parochial school. The term shall not apply to a kindergarten
maintained in connection with a public, private, or parochial elementary school system of at
least six grades.
Day care home, adult - means adult day care licensed by the state and provided in a home for
not more than six adults not related to the care provider. Adult day care shall not include
overnight occupancy by the clients.
Day care home, child - means a facility providing care and training for a child or children not
related to the caretaker, for more than two full consecutive days on a regular weekly basis, and
holding a valid state license for the operating of a child care center. A full day is seven or more
hours.
Developmentally disabled - means those persons having cerebral palsy, multiple sclerosis,
mental retardation, autism, or epilepsy.
Family or family group - means any of the following:
1. A group of persons related by blood, marriage, or adoption, living together as a single
housekeeping unit and normally consisting of two parents and their children;
2. Persons living together in the relationship and for the purpose of guardian, ward, or
foster family or receiving home care who may not necessarily be related by blood or
marriage to the head of the household, but live together as a single housekeeping unit
but shall not include correctional homes;
3. A group of not more than four unrelated persons living together in a dwelling unit as a
single housekeeping unit; or
4. Living arrangements wherein one person is providing care to another occupant who is
not related by blood or marriage. provided they neither maintain separate cooking
facilities nor advertise the premises for rent.
5. A single individual living as a single housekeeping unit.
Exceptions A family shall not include more than one person required to register as a sex
offender pursuant to § 18 -3- 412.5, C.R.S. as amended, unless related by marriage or
consanguinity. Family shall not include any group of individuals who are in a group living
arrangement as a result of criminal offenses.
Group home - means, subject to licensing requirements of the state if applicable, either of the
following:
1. A dwelling where persons are living, together with staff, as a single housekeeping unit
n p �• providing care, supervision, and treatment exclusively for handicapped. mentally ill, or
developmentally disabled persons, or
An owner- occupied or nonprofit residential dwelling for the exclusive use of two or not
more than eight persons 60 years of age or older, who, together with staff, live as a
a single housekeeping unit. Owner - occupied or nonprofit group homes for persons 60
J V years of age or older provide room and board to adults who are not related to the owner
and who elect protective oversight, personal services and social care but do not require
24 -hour medical or nursing care.
Handicap - means, with respect to a person (1) a physical or mental impairment which
substantially limits one or more life activities, (2) a record of having such an impairment, or (3)
being regarded as having such an impairment, but such term does not include current, illegal
use of or addiction to a controlled substance as defined in 21 U.S.C. § 802.
Mentally ill - means a person with a substantial disorder of the cognitive, volitional, or emotional
processes that grossly impairs judgment or capacity to recognize reality or to control behavior.
CITY OF AURORA PLANNING DEPARTMENT
GROUP HOME REGISTRATION QUESTIONNAIRE
The owner and /or director of the group home operation should complete the questionnaire. If more than
one group home is managed by the owner /director, a separate questionnaire should be completed for
each group home address. Please print.
1. Address of Group Home
2. Name, address and phone number of owner /director of group home:
Name.
Address:
Phone:
3. Name and phone number of contact person residing at group home:
Name:
Phone number:
4. Is the group home currently licensed by the State of Colorado? Yes No
(Please attach copy of license or first page of pending license application.)
If the group home is not currently licensed, have you applied for a license?
Yes — Date application submitted
No — Please provide explanation
5. What is the maximum number of clients to be housed?
What is the maximum number of staff persons on duty at the same time?
6. Please indicate which of the following best describes your residents:
Developmentally disabled — defined as persons having cerebral palsy, multiple sclerosis, mental
retardation, autism, or epilepsy.
Handicapped— defined as a person having; (1) a physical or mental impairment which
substantially limits one or more life activities; (2) a record of having such an impairment, or; (3)
being regarded as having such an impairment, but such term does not include current, illegal use of or
addiction to a controlled substance as defined in 21 U.S.C. §802.
(Note: An "Assisted Living Residence" licensed by the Colorado Dept. of Public Health &
Environment meets this definition.)
Mentally ill — defined as a person having a substantial disorder of the cognitive, volitional, or
emotional processes that grossly impairs their judgment, capacity to recognize reality, or to control
behavior.
Sixty Years of Age or Older— Persons sixty years of age or older who do not fit into any of the
above categories.
[MORE QUESTIONS ON BACK]
Foster hoarse - Persons living together in the relationship and for the purpose of guardian, ward,
or foster family or receiving home care who may not necessarily be related by blood or marriage to the
head of the household, but live together as a single housekeeping unit but shall not include
correctional homes;
7. Do all your clients have disabilities, mental illness, and /or handicaps? Yes No
8. If you operate a home for seniors who are not disabled, handicapped or mentally ill, are all your
seniors over sixty years of age? Yes No
9. As owner /director, do you own the property at which the group home is located?
Yes No If yes, is this your primary residence? Yes No
If you do not own the property, please provide the name, address and phone of the owner:
Are you a non - profit organization, meaning exemption from federal income taxation under provisions of
the Internal Revenue Code or a "nonprofit group home" for the aged which is owned or operated by a
person or organization which is exempt from income taxes pursuant to Section 39 -22 -112, of the
Colorado Revised Statutes? Yes No
10. Signature:
Date:
PLEASE RETURN COMPLETED QUESTIONAIRE TO:
CITY OF AURORA PLANNING DEPARTMENT,
AURORA MUNICIPAL CENTER 2 ND FLOOR
15151 E. ALAMEDA PARKWAY
AURORA, CO 80012
303 - 739 -7250
Last revised 3 -26 -2008
H1$Group Homes0ocuments /group Home Registration 2008.doc
d) The Special Use Permit shall be revoked if the Arcade Licensing Board revokes or does
not renew the annual Amusement Arcade License, and a new Special Use Permit shall be
required for the existing user or a new user to operate again at the same location.
e) The Planning Commission, at its discretion, may deny the Special Use Permit if the
Commission finds that the use would pose a threat to the general health, safety and
welfare of the citizens of Lakewood.
(7) Golf Driving Range
a) All parking areas required to service customers shall be located on site. Three quarters
(0.75) parking spaces shall be required for each driving tee.
b) Any use adjacent to a residential district shall be restricted in operations to between the
hours of eight o'clock (8:00) a.m. and ten o'clock (10:00) p.m. local time daily. Uses not
adjacent to a residential district shall not be so restricted.
c) Adequate fencing must be installed and maintained to prevent pedestrian traffic from
entering the driving range field. The boundaries of the driving range field shall be placed
no closer than twenty -five (25) feet to the lot line. Appropriate design measures shall be
implemented to prevent golf balls from endangering adjoining property and property
residents.
(8) Greenhouse/Nursery, Landscape Material All parking areas required to serve
customers, employees and delivery vehicles shall be located on site. Loading zones shall
be designated for both delivery service and for merchandise pick up. All loading zones
shall be located on site.
(9) Group Home
a) The group home shall comply with any applicable license requirements of the State of
Colorado, and have a currently valid license, if appropriate, and shall also comply with
all certification and registration requirements of Jefferson County, including requirements
for minimum floor area, bathroom area, closet space, and communal area.
b) All group homes shall be operated by an individual who lives in the dwelling as his/her
primary residence and is issued the Special Use Permit in his /her own name or by a firm
or organization holding Colorado non - profit corporate status and Internal Revenue
Service tax exempt status.
c) No group home shall be located less than 1,000 feet from another existing or approved
group home, except when such group homes are separated by a restricted access highway
or community level public park. In addition in their review of Special Use Permit
requests, the Planning Commission will consider the number of existing group homes
Lakewood Zoning Ordinance 6 -9
May 2006
within the planning district as a factor with bearing on the other standards set forth in this
Section 17 -6 -4. It is the intent of the City of Lakewood to encourage an even distribution
of group homes within the residential areas of the City.
d) Every group home shall comply with the applicable City building, fire, and safety codes
as well as all applicable requirements of the zone district in which the home is to be
located.
e) No architectural designs substantially inconsistent with the character of the surrounding
neighborhood shall be permitted.
f) No administrative activities of any private or public organization, other than those
directly related to the specific group home, shall be conducted on the premises of the
group home.
g) Parking for the group home shall typically be confined to the street frontage, driveway,
and garage of the group home.
h) The group home Special Use Permit shall be issued to a specific operator or organization
and will not be transferable to another party.
i) No group home shall be occupied until approvals from both the City of Lakewood and
the appropriate licensing agency, when necessary, are received. In the case of group
homes for the elderly, licensing agency approval shall consist of approval by Jefferson
County as an adult foster care home, or by the State of Colorado as a personal care
boarding home or alternative care boarding home.
j) Every group home shall be limited to a maximum of twelve (12) total residents living in
the dwelling as a primary residence, with not more than eight (8) client residents, unless
all of the following conditions can be met:
1. A minimum of one thousand (1,000) square feet of lot area is maintained per person
(client and other) residing in the dwelling; and
2. The structure meets or exceeds habitable floor area requirements of the licensing
agency or if no license is required, meets requirements of Jefferson County Social
Services for a similar licensed use; and
3. A favorable recommendation is provided by the licensing agency setting forth the
reasons for a higher number of residents is provided; and
4. The Planning Commission determines that no substantial negative impact to the
subject or nearby properties will result from the additional number of residents
proposed.
Lakewood Zoning Ordinance 6 -10
May 2006
k) Services provided within the group home setting should not include ongoing medical or
psychiatric treatment normally associated with a hospital or clinic setting, or a group
living quarters, as determined by licensing agency.
l) Any group home existing as of the effective date of this Ordinance 0 -88 -67 shall have a
period not to exceed one hundred eighty (180) days to come into compliance with the
above listed standards; except that any existing group home that does not currently meet
the separation standards of Subsection (c) shall not be considered to be in violation of this
Section. Upon proof that an existing group home meets the above listed standards, the
Director of Planning, Permits and Public Works shall cause to be issued a Special Use
Permit for the existing use, indicating that all conditions and revocation procedures listed
in this Article shall be in full force and effect. Any existing group home failing to
comply shall be considered to be in violation of this Ordinance and subject to the
procedures set forth in Section 17 -6 -3 above, unless a Special Use Permit is applied for
according to the procedures listed in Section 17 -6 -2, and issued by Planning Commission
(10) Group Living Quarters and Residential Health Care Facilities
a) Every group living quarters shall comply with the site development requirements or
Article 15 of the Zoning Ordinance, the Multiple Family Design Controls, and the
requirements of the zoning district in which it is located.
b) Every group living quarters shall comply with the parking requirements of Article 9 of
the Zoning Ordinance. The Planning Commission shall have the authority to modify
such requirements, if a parking analysis is submitted which demonstrates the
appropriateness of a different parking requirement.
c) No architectural designs substantially inconsistent with the character of the surrounding
neighborhood shall be permitted.
d) Every group living quarters shall comply with all applicable license requirements of the
State, and registration requirements of Jefferson County.
e) Every group living quarters shall be located on a multi - family or commercial local,
collector, or arterial street, and shall be accessible to transportation and convenience
shopping facilities.
f) Group living quarters shall not include the conversion of a portion of an existing multi-
family development.
g) Every group living quarters for juvenile or adult offenders shall be so designed and
located to assure the security of the facility itself, adjoining properties and the
neighborhood in general.
Lakewood Zoning Ordinance 6 -II
May 2006
(26) CMRS Telecommunication Facility See Section 17 -12 -2(10) for design criteria and
performance standards. Special use permits issued for CMRS telecommunication
facilities shall run with the property on which the facility is located.
17 -6 -5 GROUP HOMES FOR HANDICAPPED PERSONS
(1) For purposes of this Section, "handicapped person" shall be defined as provided by Title VIII
of the Civil Rights Act of 1968, . as amended by the Fair Housing Amendments Act of 1988
(codified at 42 U.S.C. § 3602).
(2) Group homes restricted to occupancy of not more than eight (8) handicapped persons and not
more than four (4) additional necessary persons employed in the care and supervision of such
handicapped persons shall be permitted in all residential zone districts provided that the
owner or operator of such a group home registers with the City. Registration shall require
the completion of a form provided by the Department of Community Planning and
Development. No fee shall be required to review and process this registration. Registration
shall occur prior to occupancy. The applicant shall submit such information, requested in (a)
through (d) below, as is available at time of registration. When the registration is completed,
a Temporary Certificate of Registration shall be issued to the applicant. The Temporary
Certificate shall be valid for a period of ninety (90) days from the date of issuance. Within
said ninety (90) day period, the applicant shall supply any additional information required by
(a) through (d) below. Prior to the expiration of the Temporary Certificate, the Director shall
review the application to determine if a Certificate of Registration shall be issued. A
neighborhood referral meeting must be held as set forth in Subsection (8) below prior to the
issuance of a Temporary Certificate of Registration. A group home shall not be occupied
until an application is submitted for review and a Temporary Certificate of Registration is
issued. The total number of persons allowed in a group home shall not exceed one (1) person
per habitable room which is being used for living purposes, as defined in the definition of
Household. No Certificate of Registration shall be granted for a group home which is located
within a radius of seven hundred fifty (750) feet from any other group home allowed in the
Lakewood Zoning Ordinance. As part of such registration, the owner or operator shall
provide to the satisfaction of the Director or his designee:
-I (/
a) Evidence that the proposed group home shall provide residential accommodations only
for handicapped persons, and that such residency shall be restricted to not more than
eight (8) handicapped persons and up to four (4) additional necessary persons employed
in the care and supervision of such handicapped persons;
b) If applicable, evidence that it is licensed with the State of Colorado;
c) If the residents of the proposed group home are handicapped within the meaning of
Subsection (1) because they are recovering alcoholics and /or drug abusers, the owner or
operator shall provide evidence to the satisfaction of the Director or his designee that (i)
no resident of the proposed group home has been convicted of a crime relating to
possession or distribution of controlled substances; and (ii) no resident of the proposed
Lakewood Zoning Ordinance
May 2006
6 -22
group home has used alcohol or illegal drugs within the past thirty (30) days. This
evidence shall be presented at the time of initial application and, with regard to
subsequent residents, within thirty (30) days of their arrival at the group home, and
whenever the Director has reasonable cause to request it. Additionally, the owner or
operator shall provide a verified list of the names and dates of birth of the residents
anticipated at time of registration and a verified list of the names and dates of birth of
new residents within thirty (30) days of arrival at the group home for the purpose of
determining if any resident has been convicted of a crime relating to possession or
distribution of a controlled substance. The owner or operator shall be required to
immediately report to the Director the use of alcohol or illegal use of controlled
substances by any resident and the use of alcohol or illegal use of controlled substances
by anyone on the group home premises. The owner or operator shall immediately expel
from the group home any resident who uses alcohol or for the illegal use of controlled
substances.
d) The Director or his designee shall administratively approve the group home application
within fifteen (15) days of the receipt of the completed application if the Director finds
that the application and other information available substantially conforms to the
requirements of this Section 17- 6 -5(2). A denial of a Temporary Certificate of
Registration or a Certificate of Registration may be appealed by the applicant to the
Planning Commission as set forth in Section 17- 6 -5(7) below.
(3) Group homes proposed for occupancy by nine (9) persons or more who are handicapped
persons and any additional necessary persons employed in the care and supervision of such
handicapped persons shall be permitted only upon the administrative processing of an
application and approval of a special use permit as provided by this section. Administrative
processing of a special use application shall provide an exemption from the public hearing
process of Section 17- 6 -2(8) and (9). The total number of persons allowed in a group home
shall not exceed one (1) person per habitable room which is being used for living purposes,
as defined in the definition of Household. In order to qualify for administrative processing of
a special use permit application for a group home for handicapped persons, the applicant
shall submit to the Department of Community Planning and Development a completed
application containing the information required by Sections 17- 6- 2(3)(a) through (c)(3) and
17- 6 -2(6). The applicant shall also provide to the satisfaction of the Director or his designee
the information described in Section 17- 6 -5(2). A neighborhood referral meeting must be
held as set forth in Subsection (8) below prior to the issuance of a Temporary Special Use
Permit. A group home shall not be occupied until an application is submitted for review and
a Temporary Special Use Permit is issued.
(4) Upon receipt of a completed application meeting the requirements of Subsection (2) and
Subsection (3) and the required processing fee, the Director or his designee shall
administratively approve the group home application within fifteen (15) days of the date of
receipt of the completed application if the Director finds that the application and other
information available to the Director demonstrates or evidences that the proposed group
home substantially conform to the requirements of Section 17- 6 -5(2) and Section 17-6 -
4(9)(a), (d), (f), (g), (h), (k) and Subsections (1) and (2) of Section 0) only. If approved, the
\ V
Lakewood Zoning Ordinance 6 -23
May 2006 .
Ico n
applicant shall be issued a Temporary Special Use Permit. In addition, no special use permit
shall be granted for a group home for nine (9) or more handicapped persons which is located
within a radius of seven - hundred fifty (750) feet from any other group home allowed in the
Lakewood Zoning Ordinance. The Director or his designee may impose conditions upon the
approval of any special use permit for a group home that are reasonably necessary to protect
the health, safety, or security of the residents and the immediately surrounding neighborhood.
(5) Application shall occur prior to occupancy. The applicant shall submit information required
in Subsection (4) above as is available at the time of registration. The Temporary Special
Use Permit shall be valid for a period of ninety (90) days from the date of issuance. Within
said ninety (90) day period, the applicant shall supply any additional information required by
Section (4) above. Prior to the expiration of the Temporary Special Use Permit, the Director
shall review the application to determine if a Special Use Permit shall be issued.
(6) If a Temporary Certificate of Registration or a Temporary Special Use Permit has expired
prior to a Certificate of Registration or a Special Use Permit being issued, the group home
use shall be in violation of this Article.
(7) The Director shall provide to the applicant a written decision concerning approval,
conditional approval, or denial of the application or registration. An aggrieved applicant is
the only person or entity who may appeal. Notwithstanding anything to the contrary in the
Lakewood Zoning Ordinance, an applicant aggrieved by the Director's decision may appeal,
with the required fee, the decision to the Planning Commission by the submission of a
written request for appeal delivered to the Director or his designee within ten (10) days of the
date of the Director's written decision. Upon receipt of a timely request for appeal and on the
next available Planning Commission meeting date following the request, the Planning
Commission shall administratively review the application and the Director's decision and
shall either affirm, reverse, approve with conditions, or modify any conditions of approval
imposed by the Director. Those issues that have been adjudicated by the Director and not
appealed are final. The Planning Commission's review shall not be conducted as a public
hearing and the Planning Commission's decision on any appeal shall be final. An appeal of
the Planning Commission's decision shall be to the District Court.
(8) Neighborhood Referral. An applicant for a group home for handicapped persons shall meet
with residents and persons owning property in the vicinity of the group home. The meeting
shall be facilitated by City Planning Staff. One purpose of the meeting shall be to receive
information from those neighbors present. Notification for said meeting shall be to the
following people or entities:
a) The fee owners of the subject property(ies). Notice to one fee owner shall be considered
notice to all other owners of the property.
b) The applicant.
c) The fee owners of real property within 500 feet from the boundary of the subject
property(ies).
Lakewood Zoning Ordinance 6.24
May 2006
d) The registered representative of neighborhood homeowners organizations which qualify
for notice by having registered with the Department annually during the month of
January of each year and provided the Department with the name and address of a current
representative and a current map, approved by the Department, which shows the
boundaries of the area represented by the organization, if any boundary of the
organization as shown on the map registered with the Department falls within 1,000 feet
of the subject property(ies).
At least forty-five (45) days prior to the neighborhood referral meeting,the applicant shall
provide to the City a current assessment map(s) from the applicable county assessor's
office showing the property or properties which are the subject of the application, as well
as those properties subject to the notice requirements of this Subsection 17 -6 -5. Said
assessment map(s) shall indicate the assessor's ID number(s) of the subject property(ies)
and shall indicate the assessor's ID number(s) of all surrounding property(ies) to a
distance of 1,000 feet. Within ten days of the applicant submitting the map, the City shall
draw on the assessment map(s) a boundary encircling the property(ies) which is /are the
subject of the application. This boundary will encircle all property as set forth above.
The applicant shall retrieve the assessment map(s) from the City and, at least twenty (20)
days prior to the neighborhood referral meeting, shall provide to the Secretary to the
Planning Commission lists of the names and addresses of:
1. The fee owner(s) of the subject property(ies).
2. The applicant.
3. The fee owner(s) of the property, along with the property's assessor's ID number, of
all property shown on the assessment map(s) within the delineation drawn by the
City.
One list of the names and addresses to be notified of the application shall be submitted in
the form of preprinted mailing labels, the size and format of which have been approved
by the Secretary to the Planning Commission. A second list shall include the names and
addresses of the parties to be notified, along with the corresponding address and
assessor's ID number of the property subject to the notification provisions.
It is the responsibility of the applicant to obtain and submit the lists of the correct names
and addresses of the people and entities listed in subparagraphs I. through III. above from
the current records of the county assessor or clerk and recorder of the appropriate
jurisdiction. Current records shall mean records existing no older than ninety (90) days
prior to the date of the neighborhood referral meeting. In addition, the applicant shall
present evidence reasonably acceptable to the City, including, but not limited to, copies
of deeds or documentation provided by a title insurance company or a real property
search company, or a copy of a printout of all applicable assessor's ID numbers obtained
from the county assessor's office.
Lakewood Zoning Ordinance 6 -25
May 2006
The City shall supply to the applicant the list and information regarding the neighborhood
associations to be notified. The applicant shall pay the cost of postage for preparation and
mailing of notification letters.
The City shall return the mailing labels to the applicant, along with mailing labels for all
registered neighborhood associations and organizations subject to the notice provisions
established above. The City will also provide to the applicant a sufficient number of
copies of a letter of notification, printed on City letterhead and City envelopes. At least
fifteen (15) days prior to the neighborhood referral meeting, the applicant shall mail said
notification letters using the envelopes provided by the City, via first class mail to all
persons and entities listed on the mailing labels.
The applicant shall certify in writing to the Secretary to the Planning Commission, prior
to the neighborhood referral meeting, that the lists submitted as set forth above were
obtained from the most current records of the applicable county assessor, and that letters
of notification were mailed as set forth above.
Failure of the applicant to provide the certification required above shall cause the
neighborhood referral meeting to be postponed at least fifteen (15) days and until the
applicant provides the certification.
At the discretion of the Director, subsequent neighborhood referral meetings may be held
prior to the Director accepting the Group Home application.
(9) Revocation of Special Use Permit or Registration Certificate.
a) All stipulations submitted as part of the Special Use Permit or Registration Certificate
and all conditions imposed and all the conditions of this Article 17 -6 shall be maintained
in perpetuity with the Special Use Permit or Registration Certificate. If the group home
is found to be in violation of any conditions of this Article 17 -6, or of any stipulations or
conditions, the use shall be in violation of the Special Use Permit or Registration
Certificate.
b) Should a Special Use Permit or Registration Certificate be reasonably believed to be in
violation of the provisions of this Article, the Director shall notify the permit holder and
the licensing agency in writing of said violation and shall provide the permit holder with
a fourteen (14) day period in which to abate the violation. In addition, the notice shall
state the time and place for a hearing, if he violation has not been abated within the
fourteen (14) day period. The purpose of this hearing shall be to determine whether
revocation proceedings or other legal action should be pursued.
c) If, within the fourteen (14) day period established above, the permit holder completely
abates the cited violation, the permit holder shall notify the Director and licensing agency
that the required changes have been made. The Director shall determine if the violation
has been abated. Single or multiple violations or a pattern of violations, even though
abated, may be a basis for revocation of a Special Use Permit or Registration Certificate.
Lakewood Zoning Ordinance 6 -26
May 2006
d) Failure of the permit holder to abate cited violations within fourteen (14) days shall result
in the commencement of the hearing process scheduled by the provisions of Section 17-
6-3 above. Notice of the hearing shall be provided as required by Section 17- 6- 2(9)(a)
above, with notification to the licensing agency also provided.
e) Following a hearing, the Director shall issue a decision either revoking or sustaining the
Special Use Permit or Registration Certificate. This decision may be appealed by the
applicant to the Planning Commission. Said appeal must be filed within seven (7) days
of the Director's decision. After hearing, with prior notice to the permit holder, the
Planning Commission shall sustain the decision of the Director if it finds a violation of
the permit has occurred. The revocation of the Special Use Permit or Registration
Certificate shall require the permit holder to vacate the premises or cease the use
authorized by the Special Use Permit. After revocation, the permit holder may not
reapply for a Special Use Permit or Registration Certificate pursuant to the procedures set
forth in this Ordinance within 180 days of the revocation action.
(10) Reasonable Accommodations: The Director shall make reasonable accommodations for
Group Homes for handicapped persons when necessary, as required by the Fair Housing
Amendments Act.
Lakewood Zoning Ordinance 6 -27
May 2006
7. PUBLIC HEARING
A. Case No. ZOA-12-03: An ordinance amending the Wheat Ridge Code of Laws
concerning group home regulations.
This case was presented by Ken Johnstone. He entered all pertinent documents into the
record and advised the Commission there was jurisdiction to hear the case. He reviewed
the staff report and digital presentation. Group home regulations were updated in 1996.
In April 2012, City Council approved a 90-day moratorium based on recent applications
for fairly large group homes in residential districts. Staff has prepared a draft ordinance
to create zoning regulations for residential group homes for the handicapped and to make
all residential group home zoning regulations genetaily consistent.
If Le W1 I gl%tw we a u
IN
Commissioner MATTHEWS asked ab"b""'
,V
7 ,
residents from day to day. Mr. Johnstow
allowed in residential districts,,, They are
districts and a permitted use i"Wystrial
In response to a question from
group homes in Wheat Ridge,
registry. Regist<� s � p rota
In response t6`
applications for
about a 32-bed �
Commissioner I
me,givers in a I
Mr. Johnstone c
more than three
4 of the ordinance (Four car dare
be amended for consistency.
BUCKNAM regarding the size of recent
stated that a recent inquiry was received
3UCKNAM �';` co M that if the cap for the number of
':', Vxpressed "
acility, is retrieved tt could increase traffic in a residential neighborhood.
ommente ivers are more market driven and there shouldn't be
or four eat a facal time during the day.
hearing.
Nancy Snow
11155 West 40' Avenue
Ms. Snow stated that she has worked for the Colorado Civil Rights Division for over 24
years and is familiar with group home regulations. In regard to concern expressed about
traffic, she commented that group homes usually generate less traffic than a normal
residence because the residents normally can't drive.
She expressed opposition to limiting the number of residents in a facility to eight.
Hearings on applications for more than eight would be unfriendly and very expensive to
the city and to the group homes. She would like to see a higher number allowed so
Planning Commission Minutes - 2 — June 21, 2012
Commissioner MATTHEW S asked to know the
residents to eight. Mr. Johnstone replied that thi
for children and the elderly. The city attorney ft
a limit of eight residents. Further, research shom
designate eight as a permitted use with an addiO
number.
Commissioner WEAVER asked if there E
allowed in the city. Mr. Johnstone stated
protected class. It is the same,as"for resid
for limiting the number of
existing group homes are treated
e is case law to support placing
riany adjacent jurisdictions
,w process to allow a larger
the number of group homes
restrictions for a federally
Ddes already dictate the number of
'ket: drives the number of
drive the number of people in the
use perspective, allowing an
point result in an institutional land use that
ential districts.
ifr elderly.
Commissioner MATTHEWS expressed appreciation to former Council Member Snow
for sharing her knowledge. He agreed that the number of people allowed in a group
home is already addressed in state regulations and actual square footage of house and
there is no need to set additional requirements.
Planning Commission Minutes - 3 — June 21, 20112
It was moved by Commissioner ►UCKNAM and seconded by Commissioner
sections of Chapter 26 concerning residential group home regulations and substance
abuse clinics.
With the following conditions:
Commissioner TIMMS commented that, since
numbers, the motion would "gut" the ordinanc
There was discussion about continuing the
Johnstone commented that he, ryas not sure
is fundamentally tied to
,d further review by staff.
wwla��
MALIUM
Mr
FIE M1jF, r-
Steve Timms, Chair
Planning Commission Minutes - 4 — June 21, 2012
------- -----
m
0
0
I
m
71.
9
m
• Case no. ZOA-12-03
• Enter into the record the case file, draft ordinance and the contents of this presentation
• Note that all public notice requirements have been met
Staff proposed the moratorium in order to evaluate the existing group home
regulations. Recommendation based, in part on some recent inquiries to locate larger
(20+ bed) GHs in SF residential areas
L
•
Existing regulations adopted in 1996 — at the time, CC considered, but ultimately did not
adopt further land use restrictions on group home for protected classes
("protected class" refers to federally protected handicapped populations; those people with
physical or mental impairments that substantially limits major life activities, including
recovering drug/alcohol addicts)
• 110 magic number, but 8 as a limit has been upheld as a legitimate regulatory approach
• Arvada, Denver, Aurora, Englewood and Lakewood all allow group homes with 8 or
fewer residents as a use by right
IMEMITARM
Name/Dept.... here to present case number ZOA which is a proposed code
amendment concerning....
I would like to enter into the record the case file, the draft ordinance, and the
contents of this digital presentation.
I would also like to document that the public noticing requirements for this public
hearing have been met.
HIMMWARM
Staff recommended the moratorium as a result of preliminary inquiries for larger
(20+ bed) group homes in SF residential areas.
N
In 1996, City Council considered, but ultimately did not adopt further land use
restrictions on group homes for protected classes.
0
"Protected class" refers to federally-protected handicapped populations; those
people with physical or mental impairments that substantially limits major life
activities, including recovering drug/alcohol addicts
0
1. Local governments are permitted but not required to regulate group homes
through zoning. Currently we don't regulate group homes for protected
classes—can located wherever a SF home is. We don't have to regulate, but
are not prohibited from doing so, as long as regulations are not discriminatory.
2. It is permissible to impose a numeric limitation on the number of residents,
either through a maximum number allowed or a number that triggers a
different type • review process. There is no magic number, but there are
cases in which the number
• has been upheld as a regulatory approach.
Other communities use number cutoff at 8 residents—for the cities of Arvada, Aurora,
Denver, Englewood, and Lakewood all allow group homes of 8 or fewer residents as a permitted
use in residential zone districts
9
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9
111 ljllfl III
0M. MMIMMM�
"I move to recortftw*4
condition:
- M , I I
�counseling"."
WIMERNO A M
Staff recommended motion (revised, as discussed at meeting — new text is underlined)
"I move to recommend ap=,—LLjL-QL4 r t
TMU 5 7HULLT,
condition:
1. In Section 6 of the ordinance, in the column for uses, the word "outpatient" be added in front of
"counseling"."
PLANNING COMMISSION
LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: June 21, 2012
TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS,
CONCERNING ZONING, TO REGULATE GROUP HOMES FOR
THE HANDICAPPED AND TO BRING UNIFORMITY TO
REQUIREMENTS
I I
Case Manager: Kenneth Johnstone, Community Development Director
Carmen Beery, City Attorney's Office
Date of Preparation: June 12, 2012
The City Attorney's Office has advised it is permissible, but not required, under state and federal
law, to regulate the zoning of group homes for the handicapped, including imposing a nurneric
limitation on the size of such homes. Staff therefore recommended the preparation of this Ordinance
to create zoning regulations for residential group homes for the handicapped and to make all
residential group home zoning regulations generally consistent.
Notice for this public heating was provided as required by the Code of Laws.
ZOA-1 1-03 / Group Mornes
RATIONALE FOR AMENDMENT
ZOA- 12-03 / Group Homes 2
S) Deleting the restriction on the number of live-in caretakers in residential group homes for
the elderly. Staff believes the economics of operating a group home will naturally dictate a
small number of live-in caretakers.
6) Eliminating the current distinction between substance abuse clinics for the treatment of
drug abuse and clinics for the treatment of alcohol abuse; eliminating the current distinction
between outpatient and residential substance abuse clinics; and eliminating the requirement
that such clinics dispense medication or other controlled substances as a part of their
treatment programs.
7) Amending the Commercial and Industrial land use chart to eliminate confusing cross-
references concerning clinics for counseling generally and substance abuse clinics.
8) Imposing the same off-street parking requirements on all residential group homes.
The proposed changes are generally consistent with the regulations of other Front Range
communities. The cities of Arvada, Aurora, Denver, Englewood, and Lakewood all allow group
homes of 8 or fewer residents as a pennitted use in residential zone districts. In Westminster a
conditional use permit is required.
Most of these communities establish a variety of supplemental regulations for group homes, such
as separation requirements; evidence of state or county licensure; compliance with applicable
building, zoning, and fire codes registration with the city; and a requirement that facilities be
architecturally compatible with the surrounding neighborhood.
Additionally, several communities refer to the "reasonable accommodation" clause of the Fair
Housing Act and enable a City Manager or Director to accept written applications for
administrative relief from specific development standards, allowing the applicant to avoid a
variance process. In the City of Wheat Ridge a variance of less than 50% is all administrative
process.
"I move to recommend approval of the proposed ordinance amending various sections of Chapter
26 concerning residential group home regulations and substance abuse clinics,"
Exhibits:
I. Proposed Ordinance
ZOA- 12-03 / Group Homes
EXHIBIT I-. PROPOSED ORDINA
ZOA -11-03 / Group Homes
Family. One (1) or more persons related by blood, marriage, adoption,
fj� Air
MW MA K W
Wx
=LAAUUL=
I "TIF-M. MWIMNYMMR.P-M
1 0111111 AM .1
VMMM
.. . . . ......
Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms
applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the
definition of "Residential group homes" set forth therein as follows:
Residential group homes.
the care and supervision of such elderly persons.
ZOO - -03 / Group Homes 5
"Awl MMM=11ME
excluding clinics ��Oeratad in association wfth medicW practice
f or other purpo
Section 4. The "Table of Uses Residential" setfibith in Section 26404 of the Wheat
Ri dge •t- of s s uses in residential s - am e n de d
?men ding the rows concerning residential group ® - . s follo
rt
26 -612 ee§ f P
F P
fae iti#% for 8 or fewer
OA -12 -03 / Group Homes 6
„
*
.
. a#,
w
a
an
. a
#
♦ a:
rt
26 -612 ee§ f P
F P
fae iti#% for 8 or fewer
OA -12 -03 / Group Homes 6
1 Residential group See § S
I S S S S S S S
homes, "e es 26-612
fae" 9 or more
ekk* personsRW§
#
TIM M-0 a
M - * Ie It, M1 115 1 lt:[eUj drTleflUeO • amenlainga i e wrows concerning #- group homes as
follows:
- 'MOM
Se e
612
See §26
61
g-
q
Section 6. The "Table of Uses - Commercial and Industrial Districts" set forth in Section
26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone
districts, is hereby amended by amending the row concerning counseling and treatment clinics
as follows:
• te s
..........
S I P I P I P Ili
Section 7. The "Table of Uses - Commercial and Industrial Districts" set forth in Section
26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone
districts, is hereby amended • amending the rows concerning residential group homes as
follows:
ZOA- 12-03 / Group Homes 7
MOU1
ZOA- 12-03 / Group Homes 7
Schedule of Required Off-Street Parking" thereunder:
Section 10. The "Permitted Uses" Chart�s6t forth in Sectiom 26-1111 of the Wheat Ridge
Code of Laws, concerning permitted Uses in mixed use zone distn*6ts, is hereby amended by
residential group homes as follows: v
ZOA- 12-03 / Group Homes 8
SIGNED • the Mayor • this _ day of 2012.
=9111MIUMOVIENTMOM
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date
ZOA- I '1 -03 1 Group Homes
ME��.
3-MMM
Staff felt it was appropriate to consider whether an upward limit would be appropriate
and legal to consider for those certain "protected class" individuals, given the land use
The draft ordinance would eliminate the distinction between the various types of group
homes and as a permitted use in all residential zone districts would allow group homes
NEM��
OVIRM IM MIT i RIVIN I i � 11 11
ME=
M=
PUBLIC HEARING ORDINANCES FOR 1 TREADING (05/11/2012)
[] BIDS /MOTIONS ORDINANCES FOR 2 READING (06/25/2012)
RESOLUTIONS
I
Council Action Form
June 11, 2012
Page 3
includes groups of three (3) and five (5) unrelated persons over the age of sixty (60)
living together, but not four (4).
rrvaraffers groupnomes
for the elderly. Staff believes the economics of operating a group home will naturally
dictate a small number of live-in caretakers.
6) Eliminating the current distinction between substance abuse clinics for the treatment
drug abuse and clinics for the treatment of alcohol abuse; eliminating the curre
, 4&tiagtion-�evween auf mvt io-ntia"v'astanee�-415u,-,e
requirement that such clinics dispense medication or other controlled substances : a i p
of their treatment programs. I
1% t4i # T'AJ&�M 114kiQ to jWfffj_#M lot'' 1 MUNU40M It 11,14WHOMMU 111141 111 o'll 11 • I !
ATTACHMENTS:
1. Council Bill No. 09-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO.
ORDINANCE NO.
Series of 2012
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0
WHEAT RIDGE, COLORADO: I
Attachment 1
Section 2. Section 26-123 of the Wheat R idge C ode of .
terms applicable to Chapter 26 of the Code concerning zoning, is hereby amende
by arr�i6g the definition of "Residential gf6op homes" set forth therein as follo
0
Uses
N otes
- R- - IA
R-IB
R-IC
R-2
R-2A
R-3
R-
3A
hQFne fQF G-hild-M.-A
Residential group
See §
P
P
P
P
P
P
P
homes nuFsing hen4es,
26-612
and GengFegate Gafe
fa6k4es for 8 or fewer
el persons,.pjM§
-
Residential group
See §
- ---- ---------
S
S
S
S
S
S
S
S
home hemes,
26-612
faeky-44 9 or more
eWeOy persons.
u flities" set frth in
gectiogs. JM "Table of Uses A§ncult ral and P •
ubllc� Fad
0
and�publit facility zone districts, ish6reby amended by amend ing the row$
conceming residential group homes as follows
I I I i I I � I I RON I
IM- MI.
and industrial zone districts, is hereby amended by amending the row concerning
counseling and treatment clinics as follows
El
111
= MIMM
I I I i I I � I I RON I
IM- MI.
and industrial zone districts, is hereby amended by amending the row concerning
counseling and treatment clinics as follows
El
I ITZM IFM • M MW
#
Ila
�Residential group and RUF
homes, and Geng"ate Gare
faGilities for 9 or more elder4
�19
MM
IMM"ONT 2-6 MII MOMM - , �11 I � �-� 1
ZI
---- ---- ---
Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street
parking and loading standards, is hereby amended by amending the parking
standards for residential group homes under "Table 6: Schedule of Required Off-
Street Parking" as follows:
A
Section 13. Effective Crate This Ordinance shall take effect fifteen (1 5) days after
final publication, as provided by Section 5.11 of the Charter.
w
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this I I th day of June, 2012, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for June 25, 2012, at 7:00 o'clock p.m., in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of - to , this 25 day of June, 2012.
SIGNED by the Mayor on this day of
,2012.
RMIRINITIVET,
ME ralmon.
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
19
General Issues:
- Please clarify what group(s) of people are considered a protected class,
- Please clarify how the designation of a "protected class" affects applicable zoning codes and
building codes.
Does being a protected class exempt the group home from certain building codes? (see
case study)
Does this require a Special Use Permit based on having more than 8 residents in the group
home?
111P
III 11�1111 11111 1 "''' 111111111 IIIIII!I11;I
0 10 A 0
M
Fundamentally this development proposal feels more like an institution than a single-family
home.
le IIII 'III IIIII dL 4 1
One-family dwelling
Residential group home for'=,�
See 26 612
children
Residential group homes,
See 26-612
nursing homes, and
mile!
congregate care facilities for
me
8 or fewer elderly persons
Residential group homes,
See § 26-612
nursing homes, or
congregate care facility for 9—,i
I • il Iiiiiiii" i I . 0.
or more elderly persons
IT R # N SIR
*01 AT I M I
Uses
Notes
NC
RC
C-
1
C-
1
I
1
2
Clinics and offices for the
C-1, C-2 & I INCLUDE:
S
P
P
P
P
counseling and treatment of
Residential facilities.
psychological, social, marital,
developmental or similar
NC & RC EXCLUDES:
conditions, excluding
Residential facilities
substance abuse clinics
ALL districts INCLUDE:
Counseling and treatment for
alcoholism
Residential group and nursing
P
P
P
P
P
homes and congregate care
1
facilities for 8 or fewer elderly
1 1 ill I FAW W.102
Maz�
Residential group and nursing
S S S
homes and congregate care
facilities for 9 or more elderly I I I
I Residential group home for
children I I I I I I I
Substance abuse clinics S S P
Residential uses in commercial See § 26-626 (must be accessory P P P P P
districts to commercial use)
No new residences as a primary
or principal use allowed
Q0 0 In III tea W. Lei 1! 1
Dwelling, single detachea
I Dwelling, single attached
I
Residential qroup home
l V � V ��
re a a on o injure in Ivi u w
nursing care is provided as a continual or intermittent benefit.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
gm• �
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duty organized and existing pursuant to Section • • Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado
Revised Statutes, the City, acting through its City Council (the "Council"), previously adopted
planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the
"Code"); and
WHEREAS, said Chapter 26 currently regulates the zoning of group homes of various
types but it fails to regulate group homes for handicapped persons; and
WHEREAS, the Wheat Ridge City Council ("Council") finds that it is permissible under
current case law • impose neutral nondiscriminatory zoning regulations upon group homes for the
handicapped; and
21101AW-
! 0 LIN I WAV I A R KW-0 P If M N 07M LOA L;g If 1 N 1 L;R- 112 VI frWIL01 Aglo 12gammilms
WHEREAS, the Council further finds that it is desirable from a land use regulatory
perspective and equitable to regulate all types of substance abuse clinics in a similar fashion; and
WHEREAS, the Council therefore desires to amend certain provisions of Chapter 26 of the
Code to regulate group homes for the handicapped in the same manner as other group homes, as
permitted by law, to regulate substance abuse clinics for drug abuse and clinics for alcohol abuse
in the same manner, and to eliminate certain other distinctions between group homes that no
longer have a meaningful land use planning purpose,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAJ
RIDGE, COLORADO:
Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain ter
applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending ti
definition of "FamiV set forth therein as follows:
Family, One (1) or more persons related by blood, marriage, adoption, or
legal custody plus domestic servants employed for service on the premises, or a
group of not more than three (3) persons who need not be so related living
M IF
Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms
applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the
-iefinition of "Residential group homes" set forth therein as follows:
I
0
Rule Charter, each three (3) persons, based upon maximum designed
occupancy load, shall constitute one (1) family unit.
(d) Nursing home: A state-licensed health care facility which provides essential
care on a twenty-four (24) hour basis • medical professionals to provide short-
term convalescent or rehabilitative care or long-term care to individuals who, by
reason of advanced age, chronic illness or infirmity, are unable to care for
themselves.
r -T
.41wWww" 7
---------- -
. ......
I MOVID.W.
4 575 1 i —ii i A
....... - -----
•
Residential group homes-,
Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of t
Wheat Ridge Code of Laws is hereby amended as follows: I
Substance abuse clinic, A clinic, office • other facility which exclusively
provides outpatient Qr regiftaM treatment for substance abuse 9#%4:.�
will 11
Section 4. The "Table of Uses – Residential" set forth in Section 26-204 of the Wheat
Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended by
amending the rows concerning residential group homes as follows:
9
4 575 1 i —ii i A
Residential group homes-,
See ♦
26-612
No
r fewer
9
hemes, - 26-612
fGF 9 Or more eWer4y
arsons
-------------- ------
•
. t «A See § 6-
2
Residential group OF numing homes—.Gf See § 26-1
612
Section 6. The "Table of Uses - Commercial and Industrial Districts" set forth in Section
26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone
districts, is hereby amended by amending the row concerning counseling and treatment clinics as
follows:
Section 8. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parkil
and loading standards, is hereby amended by deleting the following rows from "Table 6: Schedu
of Required Off-Street Parking" thereunder:
11
Requirement
Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parki
and loading standards, is hereby amended by amending the parking standards for residenti
•
group homes under "Table 6. Schedule of Required Off-Street Parking" as follows: 1
TABLE 6: Schedule of Required Off-Street Parkina
uirement
Residential group homes fGF YOUthS
yeaFs and youft9w
Section 10. The "Permitted Uses" Chart set forth in Section 26-1111 of the Wheat Rid
Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended
amendin the existin rw cncernin resintial hmes an inserting a new rw cncerni
residential group homes as follows: I
g g o • g de group • d o •
9
ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
Section 13. Effective Date. This Ordinance shall take effect fifteen (15) days after final
. ublication, as provided by Section 5.11 of the Charter.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
.
• this 25 day of June, 2012.
SIGNED • the Mayor • this day of
Janelle Shaver, City Clerk
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
0
,L'T'.c,7 7-11 -111-N ��7, , - I ---
.r, I I(-/ �- �- e-,
I
�1b/1
■
Kenneth Johnstone
M
That's it. Thanks for all your help on this.
This electronic mail transmission and any accompanying documents contain information belonging to the sender which
may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that
any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have
received this e-mail in error, please notift me immediately by telephone or e-mail and destroy the original message
vvithout making a copy. Thank you,
1) Adds a new definition of "Residential group home for the handicapped" to include persons
who are "handicapped," as defined by state or federal law, and their caretakers.
4) Amends the definition • "Family" to eliminate its current inclusion of handicapped group living
situations.
5) Deletes the restriction on the number of live-in caretakers in residential group homes for t
elderly. Staff believes the economics of operating a group home will naturally dictate a lo
WW 'If Ii - W M I I
6) Eliminates the current distinction between substance abuse clinics for the treatment of drug
abuse and clinics for of a r .« distinction between
outpatient and residential substance abuse clinics. Staff sees no useful planning • Ms e fo
either of distinctions.
1 Pag
CITY • WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
WHEREAS, the Council further finds that it is desirable from a land use regulatory
perspective and equitable to regulate all types of substance abuse clinics in a similar fashion; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
§ection 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms
applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the
definition of "Family" set forth therein as follows:
Family. One (1) or more persons related by blood, marriage, adoption, or
legal custody plus domestic servants employed for service on the premises, or a
group of not more than three (3) persons who need not be so related living
Attachment I
fef 9 or more ekkWy I I I
person§,2Ltjs . .. ...
. 14
Section & Section 26-501 of the Wheat Ridge Code of Laws, conc6thiho b parking
and loading standards, is hereby amended by deleting the following riJW� from "Table 6: Schedule
of Required Off-Street Parking" thereunder:
0
ROME-
t "MMINIGI
I
IMUNAMN - - - - - - -
O mani M911
1"EMIM-1
Section & Section 26-501 of the Wheat Ridge Code of Laws, conc6thiho b parking
and loading standards, is hereby amended by deleting the following riJW� from "Table 6: Schedule
of Required Off-Street Parking" thereunder:
0
Mr;T77 M Mn
00 1.1 M.0
2 Mo n a =0
• . . w #
IN I 10 1M I I I � MIN I IN IF"
1112AL'u-14- or:
TABLE 6: Scheduleof Required Off-Street Parking
Requirement
Residential group homes fbF youths WC
yews aAd YeWA
Section 10. The "Permitted Uses" Chart set forth in Section 26-1111 • the Wheat Ridge
Code • Laws, concerning permitted uses in mixed use zone districts, is hereby amended by
arrt • 6-trew nreU*ffU6rt",
residential group homes as follows
M
• ��F,TMAF MMM - �-MMHMM"*�
L WON * M1 - I
• II a. PS24 . I
11
Section 12. Severabilft; Conflicting Ordinances ReMaled. If any section, subsection
or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections and clauses shall not be affected thereby, All other
ordinances or parts of ordinances in conflict with the provisions • this Ordinance are hereby
repeated.
0
+ Date i • da after final
• i : • f • • ° ! bySection 5M o
INTRODUCED, READ, AND ADOPTED on first reading by a vote of � to
this 1 V bf June, 2012, ordered published in full in a newspaper of general circulation in the
City of Wheat Ridge and PublicMearing �6nd consideration on final passage set for June 25, 2012,
at If • s • .m. in the Council Chambe 7500 West 29th Ridge • • .a♦
AT TEST:
Janelle Shaver,_ City. Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
C.1
Kenneth Johnstone
Imporitance: High
Sent: Sunday, June 03, 2012 1:47 PM
Subject: New Group Home Ordinance--Concern about overly restrictive 8 person limit--PLEASE--BEFORE THE MEETING--
GO SEE SOME WHEAT RIDGE GROUP HOMES with more than 8 residents
Importance: High
for people with disabilities, and for children.
"IfTre 7 `� T 1171773 Me, no sTaTT report in your pacKet explaining the need to limit 8
persons in one home. As a matter of fact, there is no explanation why any change is needed other than that there are
needed housekeeping amendments.
For over 20 years, there was no limit to the number, and there is no staff explanation for the need now, Has Wheat
Ridge been inundated with an influx of large group homes which have proved to be harmful to their neighborhoods? I
don't think so. There may be a good reason to establish some sort of numerical limit, but it is unfortunate to propose an
ordinance which will change Wheat Ridge from a community which welcomed people with disabilities to one which
restricts homes to as few residents as is legally defensible.
Please drive bv the two group homes listed below and see what you think. If the managers had not put a si in front, |
very much doubt that you would recognize these homes as other than similar sing family homes.
Northwest corner ofParfet and 38 (12 residents.)
3555 Dudley. (16 residents.)
Both of these serve elderly persons with Alzheimer's.
fi�TClef t Re - �Y�w IF I T TOU rFeU0,7 = aisa les; there may be some for persons with bra
damage or other kinds of disabilities.
The City has no responsibility for the care of residents in group homes; there is a licensing process which determines
room sizes, care of the residents and staffing. If the home requires a building permit, then the city building department
does have authority. Otherwise, the only city concern should be whether the placement of the home can fit into and
does not overwhelm the neighborhood. If you are going to consider a resident limit, please consider a more generous
one, such as 12 or 14 residents.
s
� ,� �
rn M
2) Adds "Residential group home for the handicapped" to the zone district use charts as a
permitted use in all residential and agricultural zone districts, Staff does not recommend adding
group homes for the handicapped as permitted or special uses in commercial zone districts,
These proposed use designations are consistent with the zoning of single-family dwellings.
3) Amends the definition of "Family" to eliminate its current inclusion of handicapped group living
situations,
FWTOKWAN # •" 1 10 1121221111makwisTal
rM
—0-k- I r
excessive traffic, parking demands, noise, It UP
5) Deletes the current distinction between substance abuse clinics for the treatment of drug
abuse and clinics for the treatment of alcohol abuse, Staff sees no useful planning purpose for
the distinction.
6) Imposes the same off-street parking requirements on all residential group homes. Staff sees
no useful planning purpose for the current differences in parking requirements for homes for the
elderly and youth,
We will be available at your June 4 study session to discuss this ordinance and address any
questions or concerns you may have,
M U R vam
DA"L_
Kurc"r_t4m its - rjF.R
Rct4AUM
TO:
Mayor and City Council
CC:
Patrick Goff, City Manager
Ken Johnstone, Community Development Director
FROM:
Gerald E. Dahl, City Attorney
Carmen Beery
DATE:
May 30, 2012
RE:
Draft Ordinance Amending Group Home Regulations
rn M
2) Adds "Residential group home for the handicapped" to the zone district use charts as a
permitted use in all residential and agricultural zone districts, Staff does not recommend adding
group homes for the handicapped as permitted or special uses in commercial zone districts,
These proposed use designations are consistent with the zoning of single-family dwellings.
3) Amends the definition of "Family" to eliminate its current inclusion of handicapped group living
situations,
FWTOKWAN # •" 1 10 1121221111makwisTal
rM
—0-k- I r
excessive traffic, parking demands, noise, It UP
5) Deletes the current distinction between substance abuse clinics for the treatment of drug
abuse and clinics for the treatment of alcohol abuse, Staff sees no useful planning purpose for
the distinction.
6) Imposes the same off-street parking requirements on all residential group homes. Staff sees
no useful planning purpose for the current differences in parking requirements for homes for the
elderly and youth,
We will be available at your June 4 study session to discuss this ordinance and address any
questions or concerns you may have,
TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER
• OF THE WHEAT
ZONING, TO REGULATE GROUP HOMES FOR THE
HANDICAPPED UNIFORMITY . CERTAIN
RESIDENTIAL GROUP
WHEREAS, of • f #' Colorado Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
f • and
WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado
Revised Statutes, the City, acting through its City Council (the "Council"), previously adopted
planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the
•' and
WHEREAS, said Chapter 26 currently regulates the zoning of group homes of various
types but it fails to regulate group homes for handicapped persons; and
WHEREAS, the Wheat Ridge City Council ("Council") finds that it is permissible under
current case law to impose neutral nondiscriminatory zoning regulations upon group homes for the
handicapped; and
Lo
WHEREAS, Council • desires to amend certain provisions of . • • of
Code • regulate group # i handicapped in the same manner as other group homes, as
meaningful permitted by law, and to eliminate certain other distinctions between group homes that no longer
have a # use planning # ##
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
, NIDGE, COLORADO:
Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms
applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the
, fefinition of • • f
(•) Group home for el rl persons: A Msidential facility for the exclusive use of
persons sixty (E ) years 0 ge r e ho do not need s�killed and inteeniodiate
care, plus rr +han 4 �Ag- ""Hiv6-tn staff persons employed in the care and
I I
supervision of such elderly persons.
K
reason of advanced age, chronic illness or infirmity, are unable to care for
themselves.
Section 3. The definition of family" set forth in Section 26-123 of the Wheat Ridge Code of
Laws is hereby amended as follows:
Substance abuse clinic, A clinic, office or other facility which exclusive
provides outpatient treatment for substance abuse othei: than - Wehelis,
involving, in whole or in part, the dispensation of medication or other controll
substances as part of addiction therapy or management, excluding clini
operated in association with a medical practice for other purposes, i
Section 4. The "Table of Uses - Residential" set forth in Section 26-204 of the Wheat
Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended by the
addition of a new row, concerning residential group homes for the handicapped, as follows:
Section 5. The "Table of Uses - Agricultural and Public Facilities" set forth in Section 26-
204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone
districts, is hereby amended by the addition of a new row, concerning residential group homes for
the handicapped, as follows
. MIMI 1111MOgtollmarg
IMFIMI HIM
OW! 111111IMMIN
Section 5. The "Table of Uses - Agricultural and Public Facilities" set forth in Section 26-
204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone
districts, is hereby amended by the addition of a new row, concerning residential group homes for
the handicapped, as follows
Q
. MIMI 1111MOgtollmarg
Q
Sectl2n 6. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parkin*
and loading standards, is hereby amended by deleting the following rows from "Table 6: Schedule
of Required Off-Street Parking" thereunder:
Wil
ABLE 6� Schedule,,of Re�uir6d 00�Street P6rki
�M.217411 ROM
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
I to _, this 25 day of June, 2012.
0
SIGNED • the Mayor on this day of 2012.
1151 VA wi n at 11 RE
Janelle Shaver, City Clerk
0701 1 �.
10914m, Inn
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
m
Kenneth Johnstone
From: Lauren Mikulak
Sent: Wednesday, May 30, 2012 9:08 AM
To: Carmen Beery; Kenneth Johnstone,* Meredith Reckert
Cc: Gerald Dahl
Subject: RE: Group home materials
- Section 3 heading should read, "_definition of SUBSTANCE ABUSE CLINICS..." Also, did we want to eliminate the word
"outpatient" from the definition and address res v nonres clinics in the use chart? If so, I would suggest we strike
reference to substance abuse and alcoholism in the commercial use chart item "Clinics and offices for the counseling..."
then clarify in the row for "Substance abuse clinics" where res and nonres facilities are permitted, special or not
permitted uses.
- The use chart for mixed use districts states that "residential group homes" are permitted in all four MU districts. Do we
need to clarify 8 or fewer/9 • more?
FC1 _6( 4111f,4# T it if
? • i
more in residential districts should continue as a special use or not be permitted.
Lauren E. Mikulak
Planner 1
7500 W. 29th Avenue
kTTT4T0.V,*Jq V # T # 7Xq # r
79F, t , # 7#1N
Office Phone: 303-235-2845
Fax: 303-234-2845
www.ci.wheatridge.co.us
CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the
individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying,
distribution, electronic storage or use of this communication is prohibited, If you received this communication in error,
please notify us immediately by e-mail, attaching the original message, and delete the original message from your
computer, and any network to which your computer is connected. Thank you.
From: Carmen Beery [CBeery@mdkrIaw.corn]
Sent: Tuesday, May 29, 2012 440 PIVI
Cc: Gerald Dahl
Attached are two draft items for Council's 6/4 study session packets for your review and comment, The draft ordinance
accomplishes those Code changes we discussed on Friday. The memorandum summarizes those changes and provides
some rationale for the same.
Please review and provide me with any comments or suggestions by mid-afternoon tomorrow. I told Carly, who is
putting the packets together, that I'd have these materials for her prior to close of business tomorrow. Thanks in
advance for any input you can provide on such a short deadline.
Carmen Beery
Murray Dahl Kuechenmeister ♦ Renaud
1530 16th Street, Suite 200
Denver, Colorado 80202
Phone: (303) 493-6679
Fax: (303) 477-0965
111 "".1 1.1111, 1
This electronic mail transmission and any accompanying documents contain information belonging to the sender which
may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified
that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited, If you
have received this e-mail in error, Flease notifyx ma
without making a copy. Thank you.
w
.,:> e)o —
���Jm
11111 111111111�11111111
Because there is so much misunderstanding of this subject, it is essential to first define several
terms,
M��
The group home constitutes a family, a single housekeeping unit where residents share
responsibiNties, mea�s, and recreational activities as in any farniht, The intention is for group home
residents, like members of a biological family, to develop ties in the community. Like people without
disabilities, these individuals attend schools, work, and may receive other support services in the
community, The grOUp home staff is specially trained to help the residents achieve the goals of
independence, productivity, and integration into the community. Together, the staff and residents
constitute a functional lo 4 The group home's staff teaches the residents with disabilities the
same hfe activities taught in conventional homes, They learn personal hygiene; shopping cleaning,
laundry, and recreational skills; how to handle money; how to take public transportation; how to
use Community facilities, They learn how to live as a family. The group home fosters the very same
family values our n7ost exclusive residential zoning districts advance,
res district is essential for most group homes to succeed, although for some, a
muKJplefami|y district can work. Group home operators want to establish group homes in the same
sort of pleasant, safe neighborhoods you and I strive to live in, for the same reasons we seek them.
Halfway house or recovery community
People with drug or alcohol addictions often need to live in a halfway house as a transitional living
arrangement before they can live more independently in the community or return to their homes.
The key for them is to learn to abstain completely frorn using drugs or alcohol, Treatment usually
consists of an initial withdrawal period followed by intensive counseling and support both through
treatment programs and through residential living arrangements. Such community residences are
based on the group home model with some significant differences with implications for proper
zoning regulation.
4 physical or mental impairment that substantially limits one or more cfa persons major life
activities, impairs their ability to live independently, ora record mf having such an impairment, or
being regarded as having such an impairment. Prison prepapoleea, for example, do not, as a class,
fit this definition.
Most people with disabilities do not require a community residence to live |n the community, More
than 80 percent mfthem live with their families or on their own with some support services .r Still, in
199O over 3.9 million Americans had disabilities so severe that they were prevented from working
atajob or doing housework orthey required assistance with daily tasks like getting in and out of
bed, dressing, bathing, shopping, or light housework, or had a developmental disability, &|zbeinnerm
disease, or senility making many of them appropriate candidates to dwell in a community
residence.*
Limiting the number of unrelated individuals who can dwell together has been one of the most
commonly used zoning techniques to exclude community residences from singlefamily districts.
The definition of family io most zoning codes allow nm more than three, four, mr five unrelated
individuals to occupy a dwelling unit. Some allow no unrelated people to live together, even as
roornmates, The U.S. Supreme Court upheld these restrictive definitions in Village of Belle Terre v.
Bos*ssz". Since most community residences need six or more residents tosucceed therapeutically
and financially, this restriction has effectively blocked most community residences from locating in
the residential areas in which they need to locate.
Another common technique has been to require a special use permit for a community residence to
locate in a residential district, 1m Ate public hearing, an applicant must demonstrate that its
proposed |ead use meets the criteria for granting a special use permit, In the case of community
residences, neighbors commonly claim that the proposed community residence wilt reduce property
values and introduce crime and congestion to the neighborhood. Many opponents assert that the
community residence is a business rather than a dwelling. In many ailwhite communities, opposition
is driven by a fear of racial integration, namely that group home residents and staff may be of
African ancestry, All of these objections reflect false impressions of community residences and their
occupants.
City officials quite often yield to objections by neighbors and reject the application of the community
residence even when the applicant demonstrates it meets the criteria for awarding the special use
permit. This was the scenario that led to the U.S. Supreme Courts 1.985 decision in City of Cleburne
v. Cleburne Living Center where the Court ruled the city had illegally denied the group homes
special use permit based on the neighbors unfounded fears and myths about the group home and
its residents. 1,3
This technique is extremely effective at firriffing the housing opportunities for people with disabilities
who need a community residence to live in, When a special use permit is required, the buyer usually
seeks to purchase the property with a clause that makes the sale contingent on receiving the special
use permit. That sort of provision is quite common in the sale of commercial property, but
extremely rare in the sage of owneroccupied residential property. Few homeowners can afford to sell
their houses subject such a contingency clause, Most homeowners need the proceeds from the sale
of their current house to buy a new one. Consequently, few homeowners are wMing to sell to a
group home operator who insists on this kind of contingency clause and few group home operators
can afford to take the risk that their special use permit application will be denied and theyll be Stuck
with a house they cannot use as a group home.
Much of the FHAA litigation has revolved around the issue of reasonable accommodation, Given this
statutory language, it is hard to see how anybody can contend that the FHAA requires that
community residences be treated the exactly the same as singlefamily residences. The statute
requires only that a reasonable accommodation be made in a citys zoning ordinance to give people
with disabilities an equal opportunity to use and enjoy a dwelling. This does not mean that they
have a right to dwellings they cannot afford to buy or rent. It does not mean that a city must
change its zoning to allow communes, boarding houses, or fraternities in its most exclusive
singlefamily districts.
Consequently if zoning ordinance defines family as any number of unrelated persons living
together as a s(ng{ehoosekeep|ng unit, the locality cannot impose any additional restrictions on
community residences. A community residence which, of course, constitutes a sing|ehomsekeep|ng
unit with 12 unrelated residents complies with this definition uffamily.
Muwever, if a zoning ordinance places a cap on the number of unrelated people who can dwell
together, theFMAA requires the local ordinance to make reasonable accommodation to enable
community residences for people with disabilities to locate in every zoning district where residences
are allowed, While the FHAA does not mention zoning or group homes, its |eQis|ative history
provides a clear picture of what the FMA4 sought toaccomplish:
The Committee intends that the prohibition against discrimination against those with handicaps
apply tu zoning decisions and practices, The Act /s intended to prohibit the application ofspecial
requirements through /anuuse regulations, restrictive covenants, and conditional or special use
permits that have the effect mf YrnAting the ability mf such individuals tn live /m the residence of their
choice hn the com/nundy.sw [emphasis added]
The legislative history goes untu suggest that restrictions *ncommunity residences that are based
on fact, not fiction, may be legal, The paragraph that follows in the MmuseCommittee Report
suggests that municipalities can impose rationallybased zoning regulations on Community
Is the proposed zoning restriction intended to achieve a legitimate government purpose?
Does the proposed zoning restriction actually achieve that legitimate government purpose?
Is the proposed zoning restriction the least drastic means necessary tu achieve that
legitimategmvernment purpose?
In Bangerter v. Orem City Corporation, the Tenth Circuit: articulated these questions a bit.
differently. The court stated that [r estrictions that are narrowly tailored to the particular individuals
affected could be acceptable tinder the FHAA if the benefits to the handicapped in their housing
opportunities clearly outweigh whatever burden may result to th m,'
Findings
1. Community residences are a residential use of land.
Community residences have no effect on neighborhood safety.
According tu one leading planning study, While it|s difficult toprecisely identify or explain,
saturation is the point at which a community's existing social structure is unable to properly support
additional residential care facilities [group homes], Overconcentration is not a constant but varies
according toa community's population density socioeconomic level, quantity and quality of
municipal services and other characteristics. There are no universally accepted criteria for
determining how many group homnes are appropriate for a given area .2m
Nobody knows the precise absorption levels of different neighborhoods, However, the research
strongly suggests that as the density of a neighborhood increases, so does its capacity to absorb
people with disabilities into its social structure. Higher density neighborhoods presumably have
higher absorption level that could permit group hmmesto locate closer to one another than inlower
density neighborhoods that have a lower absorption level .a
This research demonstrates there is a legitimate government interest to assure that group homes
do not cluster, While the research on the impact of group homes makes it abundantly clear that
group homes a block or more apart produce no negative impacts, there is concern that group
homes located more closely together can generate adverse impacts on both the surrounding
neighborhood and on the ability of the group homes to facilitate the normalization of their residents,
which is, after all, their raison dtre,
6 Community residences should be licensed or certified to protect the welfare of their residents
Policy Positions
Specific Policy Positions Supported by the American Planning Association and its chapters
I, I'll "1 11 i N
the jurisdictions definition of family should be allowed as of right in all residential
districts under the definition of family. (Additional) Zoning requirements that are more
restrictive than those applicable to residential uses in the underlying district are not
permitted,
If a proposed group home fails to sneet both tests, then a zoning ordinance Should allow the
operator to apply for a special use permit.
2. See N. Williams, Arnei Land Planning Law 12, 17, 25 (1988, Supp. 1994).
3. Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(I) et. seq.
4. Dailey at 9798.
9. This policy guideline focuses solely on the zoning treatment for group homes and halfway houses
for people with disabilities, the two most common types of comer- nunity residences. Other types of
community residences may warrant zoning treatment different from that recommended here.
ltd D. Lauber, Group Think, in Planning I. 1, at 12 (October 1995).
11, 416 U. S, 1 (1974),
12. Also known as a conditional Use permit, the special use permit: was designed to allow for extra
scrutiny to be applied to land uses that belong in a zoning district, but that may generate adverse
impacts unless certain conditions were observed, Robert Leary, Zoning, 439 Willr"arn Goodman and
Eric Eruend, eds., Principles and Practices of Urban Planning (International City Management '
Association, 1968):
13. 1,05 S. CL 324 (1985
M M. Jaffe and T. Smith, _Siting Group Hor res lot Developmentally Disabled persons (American
Planning Association Planning Advisory Service Report No, 337 (1956).
1 � 42 U.S.C. 350 (f)(3)( )>
I& H,R. Rep, No, 711, 100th Congress 2 Session, reprinted in 1988 U.S. .C. .f5. 21.73, (1 88),
22. See Dx0znd HouseEvergreen v, City ufPlai 769 F. Supp. 1329 (DXl 1991) (since
Oxford House compiled with citys capless definition of family and there is no state license required
to operate an Oxford House the city could riot disallow the Oxford House from thes|ngUehmmi|y
district |n which ft!mcated); Support Ministries for' Parsons with AfDsw, Village mf Waterfor New
York, 808 F. Supp. 120 (N.D. M.Y. 1992) (city must issue the permits sought to establish home for
persons with AIDS under definition offami|yaa opposed to boarding house); Merritt v, City of
Dayton, No, C391448 (S,D. Ohio, April 7, 1994) (3,000footapac|ng requirement struck down where
home nne¢ definition offam||y); Manbrunak,Inc u City uf Stow, Ohio, 19920�5. App. LEX%S 28455
(parents of four grown women with developmental disabilities established a family consortiumhouse
as a permanent residence for their daughters with support staff in s sing}efam{iy district; city sought
to require special use permit as a boarding house and to require additional safety code
requirements because the residences had developmental disabilities; court rules that the home
complied with the citys cap|esm definition mffam|lyand, mince no state license was naqu|nad to
operate it, the house must be treated the same as other residences.
23. 1995 WL 10478 (10th Cir, Utah),
24. For a comprehensive compilation of descr of over 50 of these studies, see Council of
Planning Librarians, There Goes the Neighborhood: A Summery of Studies Addressing the Most
Often Expressed Fears About the Effects o[ Group Homes oo Neighborhoods in Which They Are
Placed (CPL Bibliography No, 259, April 1990); M. Jaffe and T. Smith, Siting Group Homes for
DevelopmenLa8y Disabled Persons (Am. Plan. A. Plan. Advisory Serv, Rep, No. 397 (1986), See
e.g,, City mf Lansing Planning Department, Influence mf Halfway Houses and Foster Care. facilities
Upon Property Values (monograph 1976) (found no negative impacts on selling price ofhouses near
or adjacent to halfway houses for people with alcohol addictions, adult enoffienders,juvenile
exoffendsm).
25. Daniel Lauber, Impacts on the Surrounding Neighborhood of Group Homes for Persons with
Developmental Disabilities, 15 Illinois Planning Council on Developmental Disabilities (1986).
26. Daniel Lauber, Zoning for Family and Group Care Facilities at 10.
27. Kurt Wel Alternative Residential F361ities for the Mentally Retarded and Mentally.111 14
(no date) (mimeographed).
28. Jennifer Wolch, "Residential Location of the Service Dependent Poor," 70 Annals of the
Association ofAnxenca�,Geographers, at 330, 332 (Sept, 1902).
29.5. Hettinger, A Place They Call Home: Planning for Residential Care Facilities q3(Westchester
County Department uf Planning 1903}. See also D. Lauber, Zoning for Family and Group Care
Facilities at25.
M Kusrv,"rr"mrtm-rszR
Rr,tq,AUM L-t-sa
This memorandum provides the results • our research concerning the regulation • r •
homes in regard to: (1) residents with Alzheimer's Disease or dementia, (2) numeric limitations, and
building code requirements. We also discuss possible amendments to the Wheat Ridge Code of La
("Code") to address these issues.
1. Is Alzheimer's Disease or dementia recognized as a handicap under the Fair Housing Aj
Amendments of 1988 ("FHAA")?
1 Keys Youth Services, Inc. v. City of Olathe, Ks., 248 F. 3d 1267 (10"' Cir. 2001); Bryant Woods Inn, Inc. v. Howard County,
Md., 124 F3d 597 (4"' Cir. 1997).
2 Reinhart v. Lincoln County, 482 F,3d 1225 (10" Cir. 2007); Hemisphere Building Company v. Village of Richton Park, 171
RM 437 (7" Cir. 1999),
2 1 Pa g e
Depending on the desired result, an ordinance could be crafted to impose a numeric cap in a
number of ways. As you are aware, a draft ordinance is scheduled to be considered by the City
Council at a study session on June 4. The following are possible Code amendment options to discuss
further at our meeting on May 25 th :
[Anilmiggg MOIZ11I IF
Amend the definition of "residential group homes" uni I r -Section 26-123 to include a new
definition for group homes for the handicapped; add the newly-defined use group where desired
in the use charts at Sections 26-204 and 26-1111; add additional specifications, if desired, to
Section 26-612,
Based on your direction at our May 25 meeting, we will draft an ordinance and a memo for
Council's consideration at the June 4 study session.
3 1 P zi g e
[F] 307.6 High-hazard Group H-4. Buildings and structures
which contain materials that are health hazards shall be classi-
fied as Group H-4. Such materials shall include, but not be lim-
ited to, the following,
Corrosives
Highly toxic materials
Toxic materials
308.1 Institutional Group 1. Institutional Group I occupancy
includes, among others, the use of a building or structure, or a
portion thereof, in which people are cared for or live in a super-
vised environment, having physical limitations because of
health or age are harbored for medical treatment or other care
or treatment, or in which people are detained for penal or cor-
rectional purposes or in which the liberty of the occupants is
restricted. Institutional occupancies shall be classified as
Group 1- 1,1 -2,1 -3 or 1-4.
308.2 Group 1-1. This occupancy shall include buildings,
structures or parts thereof housing more than 16 persons, on a
24-hour basis, who because of age, mental disability or other
reasons, live in a supervised residential environment that pro-
vides personal care services. The occupants are capable of
responding to an emergency situation without physical assis-
tance from staff. This group shall include, but not be limited to,
the following.
Hospitals
Nursing homes (both intermediate care facilities and
skilled nursing facilities)
Mental hospitals
Detoxification facilities
A facility such as the above with five or fewer persons shall
be classified as Group R-3 or shall comply with the Intenia-
lional Residential Code in accordance with Section 101.2.
308.3.1 Child care facility. A child care facility that pro-
vides care on a 24 -hour basis to more than five children 2
years of age or less shall be classified as Group 1-2,
308.4 Group 1-3. This occupancy shall include buildings and
structures that are inhabited by more than five persons who are
under restraint or security. An 1-3 facility is occupied by per-
sons who are generally incapable of self-preservation due to
security measures not under the occupantscontrol . This group
shall include, but not be limited to, the following:
Prisons
Jails
Reformatories
Detention centers
Correctional centers
Prerelease centers
Residential board and care facilities
Assisted living facilities
Halfway houses
Group homes
Congregate care facilities
Social rehabilitation facilities
Alcohol and drug centers
Convalescent facilities
A facility such as the above with five or fewer persons shall
be classified as a Group R-3 or shall comply with the Interna-
tional Residential Code in accordance with Section 101.2. A
facility such as above, housing at least six and not more than 16
persons, shall be classified as Group R-4.
308.3 Group 1-2. This occupancy shall include buildings and
structures used for medical, surgical, psychiatric, nursing or
custodial care on a 24-hour basis for more than five persons
who are not capable of self-preservation. This group shall
include, but not be limited to, the following:
2006 INTERNATIONAL BUILDING CODEO 38
308.5 Group 1-4, day care facilities. This group shall include
buildings and structures occupied by persons of any age who
receive custodial care for less than 24 hours by individuals
other than parents or guardians, relatives by blood, marriage or
adoption, and in a place other than the home of the person cared
for. A facility such as the above with five or fewer persons shall
be classified as a Group R-3 or shall comply with the Interna-
tional Residential Code in accordance with Section 101.2.
Places of worship during religious functions are not included.
308.5.1 Adult care facility. A facility that provides accom-
modations for less than 24 hours for more than five unre-
lated adults and provides supervision and personal care
services shall be classified as Group 1-4,
Exception: A facility where occupants are capable of
responding to an emergency situation without physical
assistance from the staff shall be classified as Group A-3.
308.5.2 Child care facility. A facility that provides supervi-
sion and personal care on less than a 24-hour basis for more
than five children 2 years of age or less shall be classified
as Group 1-4.
Exception: A child day care facility that provides care
for more than five but no more than 100 children 2
years or less of age, when the rooms where such children
are cared for are located on the level of exit discharge and
each of these child care rooms has an exit door directly to
the exterior, shall be classified as Group E.
309.1 Mercantile Group M', Mercantile Group M occupancy
includes, among others, buildings and structures or a portion
thereof, for the display and sale of merchandise, and involves
stocks of goods, wares or merchandise incidental to such pur-
poses and accessible to the public. Mercantile occupancies
shall include, but not be limited to, the following:
Department stores
Drug stores
Markets
Motor fuel-dispensing facilities
Retail or wholesale stores
Sales rooms
309.2 Quantity of hazardous materials. The aggregate quan-
tity of nonflammable solid and nonflammable or
noncombustible liquid hazardous materials stored or displayed
in a single control area of a Group M occupancy shall not
exceed the quantities in Table 414.2.4(1).
SECTION 310
&6MI&
310.1 Residential Group R. Residential Group R includes,
among others, the use of a building or structure, or a portion
thereof, for sleeping purposes when not classified as an Institu-
tional Group I or when not regulated by the International Resi-
dential Code in accordance with Section 101.2. Residential
occupancies shall include the following:
R-1 Residential occupancies containing sleeping units
where the occupants are primarily transient in nature,
including:
Boarding houses (transient)
Hotels (transient)
Motels (transient)
R-2 Residential occupancies containing sleeping units or
more than two dwelling units where the occupants are
primarily permanent in nature, including:
Apartment houses
Boarding houses (not transient)
Convents
Dormitories
Fraternities and sororities
Hotels (nontransient)
Monasteries
Motels (nontransient)
Vacation timeshare properties
Congregate living facilities with 16 or fewer occu-
pants are permitted to comply with the construction
requirements for Group R-3. I
R-3 Residential occupancies where the occupants are pri-
marily permanent in nature and not classified as Group
R-1, R-2 R-4 or 1, including:
R-4 Residential occupancies shall include buildings
arranged for occupancy as residential care/assisted liv-
ing facilities including more than five but not more than
16 occupants, excluding staff.
Group R-4 occupancies shall meet the require-
ments for construction as defined for Group R-3,
except as otherwise provided for in this code, or shall
comply with the International Residential Code.
310.2 Definitions. The following words and terms shall, for the
purposes of this section and as used elsewhere in this code,
have the meanings shown herein,
BOARDING HOUSE. A building arranged or used for lodg-
ing for compensation, with or without meals, and not occupied
as a single-family unit,
34 2006 INTERNATIONAL SUILDING CODe
0
6 1 201MItizati: # *
allowable quantities of hazardous materials listed in
Table 30'7,!(1) (see Section 406.6)
Photo engravings
Resilient flooring
Silks
Soaps
Sugar
Tires, bulk storage of
Tobacco, cigars, cigarettes and snuff
Upholstery and mattresses
Wax candles
SECTION 312
UTILITY'41
312.1 General. Buildings and structures of an accessory char-
acter and miscellaneous structures not classified in any specific
occupancy shall be constructed, equipped and maintained to
conform to the requirements of this code commensurate with
2006 INTERNATIONAL BUILDING CODE 36
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City Council Minutes April 23, 2012 Page 8
I : I
I i Wil 10 0 -0 a
Motion • Mr. DeMott to approve Council Bill No. 03-2012 an ordinance approving the
rezoning of property located at 11210 W. 45 th Avenue (Lot 2, Pumpkin Patch
Subdivision) from A• ricultural-One (Al) to Public Facilities (PF) zone district, on second
reading and that it will take effect 15 days after final publication; seconded by Mr. Stites;
carried 7-0
4. Council Bill No. 05-2012 — imposing a Temporary Moratorium • the acceptance,
processing and granting of applications, permits and approvals for any form •
Residential Group Home, Assisted Living Facility, Residential Dwelling Unit for
Handicapped Persons • Elderly Persons, or Congregate Care Facility within the
City and Declaring an Emergency
11 11 11 11 11
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City Council Minutes April 23, 2012 Page •
Tom Atiboft spoke in agreement with what Mrs.Snow stated. He does not think this is
an emergency.
EAR=0144*01K
5. Motion to approve award of ITB-12-06, 38 th Avenue Lane Reconfiguration,
Amenities Project to Colorado Designscapes Inc., Centennial, CO, in the contract
amount of $59,739.50 and to approve a contingency amount of $5,973
This expenditure is for amenity zone construction, including the installation of pedestrian
platforms and planters, and the installation and maintenance of landscaping materials.
This includes the new and repurposed planters and includes a two-year maintenance
contract.
• Motion to approve award of ITB-12-15, 38 Avenue Lane Reconfiguratil
Striping Project, to Kolbe Striping Inc., Castle Rock CO, in the amount 0
$109,015.35 and to approve a contingency amount of $10,902
lihMdr#NM# 91TEN-45 JMIRR ITIRIFIM
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CITY OF RIDGE COLORADO
i .
CO e
OrdlnAnoo No.
SaOes 202
staff is directed • refuse to a�a�t for filing, and not to process or review, any ne
applications for soah feicilities or uses durihj the moratorium penod�
§ggggn�j Morattirfult P66gd. The moratorium declared by this Ordinarite
shall remain in offoot to and including july 16, 2012, Onless sooner terminated by the
Council,
0 R
Publication: Wheat Ridge Transcript
ITEM NO:
DATE: Apn
�l 23, 2012
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7
City Attorney City Manager
VAFonns\CAFtemplate
Or,
WHEAT CITY OF COLORADO
MEMBER INTRODUCED BY COUNCIL
Council Bill !
Ordinance
Series 2012
SIGNED by the Mayor on this day of April, 2012.
Jerry DDT ullio, Mayor
ATTEST`.
Janelle Shaver, City Cleric
l am=
Kenneth Johnstone
From:
Gerald Dahl <GDahl@mdkrlaw.com>
Sent:
Wednesday, April 18, 2012 12:25 AM
To:
Patrick Goff
Cc:
Kenneth Johnstone; Karen Van Ert
Subject:
RE: Emergency Ordinance - Group Home Moratorium
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V ,
From: Patrick Goff [mailLo:pgoff@ciwbe �exo.u�s
Sent: Tuesday, April 17, 2012 9:42 PM
To: Gerald Dahl
Cc: Kenneth Johnstone; Karen Van Ert
Subject: Emergency Ordinance - Group Home Moratorium
on
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