HomeMy WebLinkAboutOrdinance-1996-1044
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Dalbec
Council Bill No.
Ordinance No. 1u44
Series of 1996
TITLE:
AN ORDINANCE AMENDING CHAPTER 26 OF THE
CODE OF LAWS PERTAINING TO GROUP HOMES
FOR HANDICAPPED, DEVELOPMENTALLY DIS-
ABLED, ELDERLY PERSONS, AND CHILDREN, AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Wheat Ridge desires to more fully comply
with applicable laws of the State of Colorado and the United States
pertaining to residential group housing opportunities for the
handicapped, developmentally disabled, mentally ill, and elderly
persons; and
WHEREAS, such residential group homes should be compatible in
size, bulk, aesthetics, and intensity of use as other residential
uses for the zoning district in which the use is located; and
WHEREAS, unless limited or prevented by state or federal law,
the City of Wheat Ridge desires to regulate, review, and approve
residential group homes to ensure compatibility between group homes
and existing residents and existing land uses and protect the
health, safety, and welfare of the City's residents.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Subsection (P) (1) of Section 26-30 of the Wheat
Ridge Code of Laws is hereby amended to read:
(P) Residential Group Homes:
(1) Residential group homes for eight (8) or fewer
developmentally disabled persons, mentally ill
persons or for elderly persons. In accordance with
C.R.S., 1973, as amended, S 31-23-303, group homes
for not more than eight (8) developmentally
disabled, mentally ill persons and elderly persons
are permitted.
(a) Group Homes for the Developmentally Disabled:
This is a residential facility licensed by the
state for the purpose of providing 24 -hour
staff care, shelter, supervision, training
and/or rehabilitation to no more than eight
(8) developmentally disabled persons and
GED\53U'27\ltd3QO.1
addi tional required staff. As defined in
C.R.S. 5 31-23-303, "Developmentally disabled"
means those persons having cerebral palsy,
neuromuscular, mental retardation, autism and
epilepsy. A group home for the
developmentally disabled shall not be
architecturally designed so as to be
inconsistent with the character of the
surrounding neighborhood. Every group home
for the developmentally disabled shall meet
all requirements of a single-family home and,
additionally, shall meet the requirement that
the lot area shall be a minimum of fifteen
hundred (1500) square feet for each bed
contained within the home. No group home for
the developmentally disabled shall be located
closer than two thousand (2000) feet from
another group home for the developmentally
disabled and no closer than seven hundred
fifty (750) feet to a group home for the
elderly, o.nd in no inotancc oh~ll more than
onc (1) group homc for cight (8) or fc\:cr
dcvclopmcnto.lly dio~blcd peroono be permittcd
~ithin cach council diotrict.
(b) Group Homes for Elderly Persons: This is a
residential facility established as either an
owner-occupied or nonprofit group home for the
exclusive use of not more than eight (8)
persons sixty (60) years of age or older who
do not need skilled and intermediate care
facilities, plus no more than two (2) live-in
staff persons. A group home for elderly
persons shall not be architecturally designed
so as to be inconsistent with the character of
the surrounding neighborhood. Every group
home for elderly persons shall meet all
requirements of a single-family home and,
additionally, shall meet the requirement that
the lot area shall be a minimum of fifteen
hundred (1,500) square feet for each bed
contained within the home. No group home for
elderly persons shall be located closer than
two thousand (2,000) feet from another group
home for elderly persons. and no closer than
seven hundred fifty (750) feet to a group home
for the developmentally disabled, ;J.nd in no
inot;J.nce oh;J.l1 more tho.n one (1) group homc
for cight ((3) or fc-,:cr cldcrly pcroono bc
pcrmittcd ~ithin e~ch council diotrict.
GED\53027'l6JJQO.l - 2-
(c) Group Homes for the Mentally ill: This is a
residential facility for persons with mental
illness, as that term is defined in C.R.S.
~ 27-10-102, licensed by the state for the
purpose of providing 24-hour staff care,
shelter, supervision, training and/or
rehabilitation to no more than eight (8)
mentally ill persons and additional required
staff. A group home for the mentally ill
shall not be architecturally designed so as to
be inconsistent with the character of the
surrounding neighborhood. Every group home
for the mentally ill shall meet all
requirements of a single-family home and,
additionally, shall meet the requirement that
the lot area shall be a minimum of fifteen
hundred (1,500) square feet for each bed
contained within the home. No group home for
the mentally ill shall be located closer than
two thousand (2,000) feet from another group
home for the mentally ill and no closer than
seven hundred fifty (750) feet to a group home
for the elderly or developmentally disabled,
o.nd in no inotancc shall more than one (1)
group home for eight (8) or fc-.:cr mentally ill
peroono permitted '.:ithin cClch council
diotrict.
(d) Certificate of Occupancy: Prior to occupancy
of any group home for the mentally ill, the
developmentally disabled or elderly persons, a
certificate of occupancy must be requested
through the department of community
development. The planning division shall
review such requests relative to all zoning
requirements, and the building inspection
division shall review such requests relative
to the building and fire codes prior to
issuance of a certificate of occupancy. -Hl:
addition, thc department of community
development oho.ll poot a oign on the premioeo,
in a highly ~ioiblc location, for a time
period of fifteen (15) dayo prior to thc
ioouanee of a certifico.te of occupancy, with
ouch oign o.nnouncing thc intent to occupy the
premioeo ~ith 0. group home. The oign io for
information purpooeo only 00 tho.t intereoted
po.rtic:J mo.y rc-v"ic,J the propooa1 in the
department of community development.
Section 2. Subsection (P) (3) of Section 26-30 of the Wheat
Ridge Code of Laws is amended to read:
GED\53027\1 63300.]
- 3-
(3) Residential group home for children. This is
a residential facility, lawfully licensed or
certified by Jefferson County Social Services
Department or the State of Colorado, and
supervised by Jefferson County Social Services
Department, which provides shelter, care
and/or staff supervision. A residential group
home for children shall maintain a minimum lot
area of fifteen hundred (1500) square feet for
each child residing at the home, shall be
located no closer than two thousand (2,000)
feet from another group home of any kind, and
shall provide view-obscuring screening of any
additional structure, such as a trash dumpster
or playground equipment associated with the
group home, which is inconsistent with the
character of the surrounding neighborhood. ~
no inotJnce ohJl1 marc tho.n one (1) :Juch group
home bc permitted per Co.ch council diotrict.
In order to assess a proposed residential
group home facility, the following information
shall be submitted by the applicant and used
by the planning commission and city council in
considering approval of a special use permit:
(a) A site plan of the site indicating
property boundaries and area
location and extent of all existing
and proposed buildings; parking and
circulation areas; landscaping and
buffering, fences, walls, etc.;
recreational facilities and open
space; outdoor lighting facilities;
trash receptacles; or any other
physical features that might help
identify the expected character of
the proposed facility.
(b)
A letter from
the facility
information:
the agency licensing
with the following
1.
The fact that the agency has
licensed or is preparing to license
the facility.
2.
Special needs of the residents, such
as on- site schooling or training,
and any facilities needed to meet
such special needs.
GED\.'D027'.163390.1
-4-
3. The number of children for whom the
license is being issued.
4.
The approximate
children.
ages
of
the
5. The proposed procedures and methods
to be used in operating the
facility; i.e. permanent resident
staff, rotating staff, owner-
occupied residence, etc.
(c) Any special use permit granted pursuant
to this section shall be limited to its
effectiveness to the applicant therefor,
and shall provide, by its terms, for
termination upon cessation of ownership,
management or use of said applicant. The
limitation specified in this subsection
(P) (3) (c) is deemed necessary by the city
council in order to maintain the maximum
lawful authority over the use and user
approved by any such issued special use
permit, and is deemed necessary to
protect the integrity and character of
surrounding properties and neighborhoods.
In order to achieve that objective, the
city council, prior to granting such
special use permit, shall be required to
determine that the proposed group home
will not have an adverse effect on the
residential character and quality of life
in the particular neighborhoods of its
location. The council may not deny a
special use permit for a proposed
residential group home solely on the
basis of neighborhood opposition, where
no valid and substantive evidence has
been offered to show that the proposed
residential group home would have such
adverse effect.
(d) The special use permit for any residential
group home shall be for a term of one (1)
year, and shall be automatically renewable by
the director of the department of community
development upon receipt of any application
for renewal if, following review of the files
of all city departments and those of the
county department of social services, it is
determined that no written verifiable
complaints concerning the operation of the
GED\5302T,!63390.! - 5-
group home during the term of the special use
permit have been received. If any such
complaints have been received, the application
for renewal must be heard by the city council
under the same requirements as for a new
special use permit.
Section 3. Effective Date; Emergency Declared. Pursuant to
Section 5.13 of the Charter, the City Council declares that this
ordinance is necessary for the immediate preservation of public
property, health, peace, or safety and, to that end, adopts this
ordinance as an emergency ordinance, in that it is necessary to
bring the affected portions of the Wheat Ridge Code of Laws into
compliance with federal statute and applicable case law concerning
local regulation of group homes, and further, to make the procedure
as amended hereby available to pending group home applications.
This ordinance shall be effective upon passage.
Section 4. Severability. If any clause, sentence, paragraph,
or part of this Ordinance or Application thereof to any person or
circumstances shall for any reason be judged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or its
application to other persons or circumstances.
Section 5. Inconsistent Ordinances. All other ordinance or
portions thereof inconsistent or conflicting with this ordinance or
any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a
vote of 5 to 4 on this 9th day of September ,1996, ordered
published in full in a newspaper of general circulation in the City
of Wheat Ridge.
GED\5302T,l633g0.1
- 6 -
SIGNED by the Mayor on this 10th day of September
, 1996
~~
DAN WILDE, MAYOR
ATTEST:
~~~~
GERALD E. DAHL, CITY ATTORNEY
Publ ished on September 13, 1996;
Wheat Ridge Transcript
GED\S30l7\1633g0.l
-7-