HomeMy WebLinkAboutOrdinance-1996-1048
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DALBEC
Council Bill No. 45
Ordinance No. 1048
Series of 1996
TITLE:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF
LAWS PERTAINING TO GROUP HOMES FOR HANDICAPPED,
DEVELOPMENTALLY DISABLED, ELDERLY PERSONS, AND
CHILDREN.
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, in accordance with state and federal laws, the Clty
of Wheat Ridge desires to provide residentlal group housing
opportunities for certain individuals within residential dwelling
units provided that group homes meet all applicable requirements
generally applied to other residential structures and uses for the
zoning district in which the group home is located; 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 The definition of "Family" contained in SecLion
26-5 of the Wheat Ridge Code of Laws is hereby amended as folluws
Family. One (1) or more persons related
by blood, marriage, er--adoption, or leqal
custody plus domestic servants employed for
service on the premises, or a group of not
more than three (3) persons who Deed not be so
related living together as a single
housekeeping unit. Five (5) people over the
age of sixty (60) sharing one (1) housekeeping
unit shall also be deemed to be a family.
Notwithstandinq the foreqoinq, a familv shall
be deemed to include four (4) or more persons
RCW\~~027 141~1~ 1
1
that are not related by blood, marriaqe,
adoption, or leqal custody occupyinq a
residential dwellinq unit and livinq as a
sinqle housekeepinq unit if the occupants are
handicapped persons as defined in Title III of
the Civil Riqhts Act of 1968, as amended by
the Fair Housinq Amendments Act of 1988, or
disabled persons as defined by Section 24-34-
301, C.R.S.
A household that includes four (4) or more
persons identified above shall not be excluded
from the definition of "family" bv the
residence in the household of additional
necessary persons (and their families)
employed in the care and supervision of such
handicapped or disabled persons.
Section 2. Subsection (a) of the definition of "Residential
Group Homes" contained in Section 26-5 of the Wheat Ridge Code of
Laws which defines "Group Home for Children" is amended to read as
follows:
(a) Group Home for Children' This lS a
residential facility for five or more
children which lS licensed by the
Jefferson County Social Services Division
for the purpose of providing up to
twenty four (24) hour care, supervision
and/ or training for children under the
age of eighteen (18) years. Those
children placed in a home under the age
of eighteen (18) but who remain in the
home after reaching the age of eighteen
(18) shall be considered a child under
this definition until reaching the age of
twenty-one (21). Group homes for
children do not include facilities for
the placement of children by the Youth
Services Division of the Department of
Institutions, the Mental Health Division
of the Department of Institutions, or the
Alcohol and Drug Abuse Division of the
Department of Health, even if licensed by
Jefferson County Department of Social
Services.
Section 3. Subsection (b) of the definition of "Residential
Group Homes" contained in Section 26-5 of the Wheat Ridge Code of
Laws which defines "Group Homes tor the Developmentally Disabled"
is hereby repealed.
~'W'\53C27'\141S32 1
2
Section 4. Subsection (c) of the definition of "Residential
Group Homes" contained in Section 26-5 of the Wheat Ridge Code of
Laws which defines "Group Home for Elderly Persons" is hereby
renumbered as subsection (b) and amended to read as follows:
(b) Group Home for Elderly Persons: This is
a residential facility established as
either an owner-occupied or nonprofit
group home for the exclusive use of
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 employed in the
care and supervision of such elderly
persons.
Sect Lon 5.
"Residential Group
Ridge Code of Laws
A new subsect ion rc) to the def ini t ion of
Homes" contained in Section 26 5 of the Wheat
is hereby added to read as follows
(c) For purposes of this Chapter, a "qroup
home" or "residential qroup home" shall
not include a household of four (4) or
more persons occupyinq a residential
dwellinq unit and livinq as a sinqle
housekeepinq unit if the occupants are
handicapped persons as defined in Title
III of the Civil Riqhts Act of 1968, as
amended bv the Fair Housinq Amendments
Act of 1988, or disabled persons as
defined by Section 24-34-,01, C.R.S., and
such additional necessary persons (and
their families) employed in the care and
supervision of such handicapped or
disabled persons.
Section 6. Subsection (d) of the definition of "Residential
group homes" contained in Section 26-5 of the Wheat Ridge Code of
Laws which defines "Group Home for Mentally III Persons" is hereby
repealed.
Section 7.
home" is hereby
Laws to read as
The following definition of "Non-profit group
added to Section 26-5 of the Wheat Ridge Code of
follows:
Non-profi t group home A group home
which lS owned and operated by a person or
organization which is exempt from income taxes
pursuant to section 39-22-112. C R.S.
Section 8.
home" is hereby
Laws to read as
The following definition of "Owner-occupied group
added to Section 26-5 of the Wheat Ridge Code of
follows:
f{i'\,<,\ L =,2, 14 -,-'>32 J
3
Owner-occupied group home A group home
which is owned and operated by an individual
or individuals who actually reside at and
maintain their permanent and primary place of
residence in the group home.
Section 9. Subsection (B) (3) of Section 26 10 of the Wheat
Ridge Code of Laws, entitled "Residential One District (R-1)" lS
hereby amended to read as follows'
(3) Residential group homes for six to eight
or fe\Jcr developmento.lly dio;:lblcd
pcroono, mento.lly ill pcroono, or elderly
persons. (See section 26 30 (P) and
section 26-5 Definitions.)
Section 10. Subsection (B) (6) of Section 26-19 of
Ridge Code of Laws, entitled "Agricultural-Two Zone
Regulations" is hereby amended to read as follows'
the Wheat
District
(6) Residential group homes for six to eight
or fe\Jcr devclopment;:llly dioo.bled
pcroono, mento.lly ill pcroono, or elderly
persons. (See section 26-30 (P) and
section 26-5 Definitions.)
Section 11. Subsection (B) (13) of Section 26-20 of the Wheat
Ridge Code of Laws, entitled "Restricted Commercial-One District
(RC-1)" is hereby amended to read as follows:
(13) Residential group homes for six to eighL
or fC',:er developmcnto.lly dioo.blcd
perocno, mento.lly ill peroono, or elderly
persons. (See section 26-30 (P) and
section 26-5 Definitions )
Section 12 Subsection (P) of Section 26-30 of the Wheat
Ridge Code of Laws, entitled "Residential group homes" is hereby
amended to read in its entirety as follows:
(P)
Residential Group Homes:
(1 )
Residential group homes for SlX (6) to
eight (8) or feller dc.'elopmentally
dioabled peroono, mentally ill peroono or
~ elderly persons. In accordance with
C.R.S., 1973, as amended, ~ 31 23 303,
group homes for not more tho.n six (6) to
eight (8) developmento.lly dioo.bled,
mento.lly ill peroono o.nd elderly persons
are permitted provided that such qroup
home meets all requirements of the zone
district in which the qroup home lS
:K:W', )U~~'/\ 14 I' _ ~ 1
4
(0.)
~CW\S~-27 14 ~ 2 1
located. No such qroup home for elderly
persons shall
seven-hundred
another qroup
be located closer than
and fifty (750) feet from
home for elderly persons.
Croup Ilomco for the re'Jelopmento.lly
Dioo.bled. Thic io 0. recidentio.l fo.cility
licenoed by thc oto.te for the purpooe of
providing 21 hour ot:lff C:lre, chel ter ,
oaperYioion, tr:lining o.nd!or
reho.bilito.tion to no more tho.n eight (8)
deve~opment~lly dico.b1ed peroono ond
odditiono.1 requircd oLoff. ~o defined in
C.R.C. ~ 31 23 303, "revelopmen'~o.lly
dioo.bled" meo.no thooe peroono ho.ving
cerebr:ll po.loy, neuromuoculo.r, mento.I
reto.rd~tion, o.aticm o.nd cpilepoy. 1\
group home for thc developmento.lly
dioobled oho.ll not be o.rchiteeturolly
deoigned co 0.0 to be inconoiotent \Ii th
the cho.ro.ctcr of thc ourrounding
ncighborhood. Every group home for the
developmcnto.lly dio~bled oh~ll mcet 0.11
rcquircmcnto of ~ oinglc fo.mily home ~nd,
additiono.lly, oholl meet thc requiremcnt
tho.t thc lot o.reo. oho.ll be 0. minimum of
fifteen hundred (1500) oqua.re feet for
eo.ch bed conto.incd ~ithin the home. No
group homc for the dCJelopmento.lly
dioo.bled oho.ll be loco.ted cloocr tho.n t\:o
thouoo.nd (2000) fcct from o.nothcr group
homc for the developmento.lly dio~bled o.nd
no clooer tho.n ocvcn hundred fifty (750)
fcet to 0. group home for the elderly, o.nd
ir. no inoto.nce cho.ll more tho.n one (1)
group homc for eight (:3) or fe,Jer
developmento.lly dioo.bled percono be
permitted ~ithin Co.ch council diotrict.
(b)
Croup IlomeD for Elderly Peroono. Thio io
u rcoidentio.l fo.cility coto.bliohed 0.0
ei ther o.n O\Jner occupied or ncnprof it
group home for the eJccluoi 'Je uoe of not
morc tho.n eight (S) peroono oiJCty (60)
yeo.rD of o.ge or elder \Iho do not nccd
okilled o.nd intermedio.tc co.rc fo.cili tieD,
pluo no more tho.n t',:o (2) li',"e in ct.o.ff
peroono. 1'. group home for elderly
peroono oho.ll not be o.rchitecturo.lly
dCDigned DO 0.0 to be inconoictent ..:ith
the churo.cter of the ourrounding
neighborhood. Every group home for
elderly peroono cho.ll meet o.Il
5
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e,'w"l",,""l 6
F.. ~W' 'J,';:1. " ,1.1-1 ~ JL -'-
di vioion oh:tll revie',J oueh requeoto
relo.tive to o.II zoning requiremento, o.nd
the building inopection di vioion oho.ll
revie~ ouch requeoto relo.tive to the
building o.nd fire codeD prior to ioouo.ncc
of 0. certific:tte of occuPo.ncy. In
o.ddition, the depo.rtmcnt of community
development ohall poot 0. oign on the
prcmioeo, in 0. highly vioible loco.tion,
for J time pcriod of f iftecn (15) do.yo
prior to the ioouo.nce of 0. cer~ifico.te of
occup:tncy, ~ith ouch oign o.nnouncing the
intent to occupy the premioeo ',..ith J
group home. The oign io for inform:ttion
purpooeo only 00 tho.t intcreotcd Po.rtieo
mo.y revic..' the propooo.l in the depo.rtment
of community development.
(2) Residential group homes for nine (9) or
more dCJclopmcntolly di:::;oblcd pcr::JOno or
elderly persons. Such group homes, as
defined in section 26-5 and described and
condi tioned under subsection (P) (1) -\-fr1- of
this section, but where nine (9) or more
dcvelopmcnto.lly dioo.bled or elderly
persons are to occupy a group home, shall
be permitted only upon approval of a
special use permit, after public hearing
by the planning commission and city
council, in accordance with section 26-
6 (B) .
In :tddition to the oto.ndo.rdo o.nd criterio.
oct forth under oubocction (P) (1) (b;:l) ,
\:hich o.Pply to group homeD for
developmento.lly dioo.bled o.nd elderly
peroono, the follmJing oho.ll be required
in order to providc informo.tion for the
plo.nning commiooion o.nd city council to
reo.oono.bly o.ooeoo the potenti:tl impo.c~o
to the community ,...hcn conoidcring
o.Pprovo.l of 0. opecio.l uoe permit.
(0.)
^ oite plo.n of the oite indico.ting
property boundo.rieo o.nd toto.l :treo.,
loco.tion :tnd extent of o.Il exioting
c:md propooed buildingo, Po.rking o.nd
circulJtion o.rco.o, Io.ndocJping o.nd
buffering, fencec, \:o.llo, etc. ,
recreo.tiono.l fo.cilitieo :tnd open
oPo.ce, outdoor lighting fo.cilitieo,
tro.oh recepto.cleo, or o.ny other
phyoicJI feo.tureo tho.t might help
7
f\.=v..'Ir,-, L7' l'l~L ~: 1
ldentify the expected cho.r~etcr of
the propooed fo.cility.
(b)
for the development~lly
~ letter from the ~gency
the f~cility with the
informo.tion.
For homeD
dioo.bled,
licenoing
follm:ing
1. The fo.ct tho.t the ~gcnC!y h~o
licenoed or io prepo.ring to licenoe
the fo.cility.
2. Cpecio.I needo of the reoidento, ouch
~o on Dite DchooliGg or tro.ining,
Clnd o.ny fo.cilitieo needed to meet
ouch opecio.l needo.
J. The number of peroono for ',..horn the
liccnoe io being iooued.
1. The o.Pproximo.te o.gco of the peroono
expected to occupy the group home.
(c~)
For homeD
informo.tion
deocribeo the
for the
oubmittcd
follo',:ing.
elderly,
,...hich
1. pqo.ximum number of peroono to occupy
the home.
2.
EJcplo.no.tion
orgo.nizo.tion
houoehold.
of the genero.l
~nd mo.n~gemcnt of the
(J)
Residential group home for children.
Thio io 0. reoidentio.l f~cility, lo.~fully
liccnoed or certified by Jefferoon County
Cocio.l CerviceD Depo.rtment or the Cto.te
of Coloro.do, o.nd oupervioed by Jefferoon
County Cocio.l Ser"'iceo Dep~rtment, ~:hich
provideo ohel ter, co.re o.nd/ or oto.f f
oupervioion. A residential group home
for children, as defined bv section 26-5,
shall maintain a minimum lot area of
fifteen hundred (1500) square feet for
each child residing at the home, oho.ll be
loco.ted no clooer tho.n t'.:o thouoo.nd
(2,000) feet from o.nother group home of
~GY ];:ind, 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
8
RI~W\r. l!~""'-1415.:2 ;
the character of the surrounding
neighborhood. In no inoto.nce oh~ll more
tho.n onc (1) ouch group home be pcrmitted
per e~ch council diotrict. A residential
qroup home for children shall be
permitted only as a special use approved
in accordance with section 26-6 (B) .-I-fl
order to ~ooeoo ~ propooed reoidentio.l
group home fo.ci1ity, thc follm:~ng
informo.tion ohCll1 bc oubmitted by the
Clpplico.nt o.nd uoed by the plClnning
commiooion o.nd city council In
conoidcring o.Pprovo.l of 0. opecio.l uoc
penni t .
(0.) ^ oite plo.n of thc oite indico.ting
property boundo.rieo o.nd o.re~
loc~tion o.nd cJCtcnt of 0.11 clCioting
o.nd propooed buildingo, Po.r]cing o.nd
circulo.tion o.reo.o, Io.ndoco.ping o.nd
buffering, fcnceo, \:Cll10, etc. ,
recrco.tiono.l fClcilitico o.nd opcn
oPo.ce, outdoor lighting fo.cilitieo,
tro.oh rccepto.cleo, or o.ny other
phyoico.l fco.tureo th~t might help
identify the expccted cho.ro.cter of
the propooed fo.cility.
(b)
7'. letter from
the f~cility
informo.tion.
the o.gency licenoing
'.Jith the follm,'ing
1. The fo.et tho.t the o.gency ho.O
liccnced or io prcparing to licenoc
the fo.cility.
2. Cpecio.l ncedo of the reoidento, ouch
0.0 on oi te ochooling or tro.ining,
o.nd o.ny fo.cilitieo needcd to meet
ouch opeci~l needo.
3. The number of children for \lhom thc
licenoe io being iooued.
'l.
The o.Pproximo.te
children.
of
the
o.gco
5.
The propooed procedureo Clnd mcthodo
to be uoed lD Opero.tlng the
tClcility, i.e. permClnent rcoident
oto.ff, roto.ting oto.ft, mmer
occupied reoidencc, etc.
9
( 4 H-e+-
( 5 ) -{41-
I~('W\(:", 1.:;7 1'115~2
Any special use permit granted
pursuant to section 26-6 for a
residential qroup home to thio
oection 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)l1l(3) (c) is deemed
necessary by the city council in
order LO 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 propertles
and neighborhoods. Tn order to
~chievc tho.t objective, the city
council, prior to gro.nting ouch
opecio.l uoe permit, oho.ll bc
required to determine tho.t the
propoocd group home '.Jill not ho.'"T o.n
~d'[eroe effect on the reoidentio.l
cho.ro.cter ~nd quo.lity of life in the
Po.rticulQr neighborhoodo of ito
loco.tion. The council mo.y not deny
a opecio.l uoc permit for 0. propooed
reoidentio.l group home colely on the
bo.oio of neighborhood oppooition,
where no Vo.lid o.nd ouboto.ntive
evidence h~o becn offered to ohml
tho.t the propooed reoidentio.l group
home ",JQuld ho.'[c ouch o.dveroe effect.
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
direct or of the department of
community development upon recelpt
of any application for renewal if,
following review of the files of all
ci ty department s and those of the
county department of social
services, it is determined bv the
director that no written verifiable
complaints concerning the operation
of the group home during the term of
the special use permit have been
received.. If one or more o.ny o'clch
written verifiable complaintg have
10
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 13. Safety Clause. The City Counci L hereby finds,
determines, and declares that this Ordinance is promulgated under
the general police power of the City of Wheat Ridge, that It is
promulgated for the health, safety, and welfare of the public 0nd
that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 14. Severabilitv. 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 15. 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.
Section 16. Effect of Repeal or Modification. The repeal or
modification of any provision of the Code of Laws of the City of
Wheat Ridge by this ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred
under such provision, and each provision shall be treated and hpld
as still remaining in force for the purposes of sustaining any dnd
all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as
for the purpose of sustaining any judgment, decree, or order which
can or may be rendered, entered, or made in such actions, suits,
proceedings, or prosecutions.
Section 17. This Ordinance shall take effect fifteen (15)
days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to 0 on this 23rd day of September, 1996, 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
October 14, 1996, at 7:00 o'clock pm, in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND
reading by a vote of 7
ORDERED
to ~,
PUBLISHED on second and
this 14th day of October,
final
1996.
R"W' ~~, - ~ 141S~1
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SIGNED by the Mayor on this 15th day of
ATTEST:
')'1
'-~- l t('~L-s-(-/"-
WANDA SANG, CITY
l
~i",L(
CLERK (~:.
1st Publication: October 4,
2nd Publicat ion: October 25,
Wheat Ridge Transcript
Effecti ve Date: November 9,
Rrw\r _~1127 ,141<=;12 1
October
1996.
~~
DAN WILDE, MAYOR
TO FORM BY CITY
ATTORNEY
1996
1996
1996
12