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Home My WebLink About183 - 12/01/1987 - AMENDING CITY CODE PERTAINING TO HOME OCCUPATIONS AND GROUP HOMES ORDINANCE NO. 183, 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO HOME OCCUPATIONS AND GROUP HOMES WHEREAS, the Council of the City of Fort Collins does hereby find and determine that it is in the best interest of the citizens of the City that a mechanism be provided to allow the City to better assure that home occupations are in compliance with the Code of the City by requiring periodic license renewal for such home occupations; and WHEREAS, the Council has further determined that "group homes" should be added to the list of uses which are not allowed to be conducted as home occupations; and WHEREAS, the Council has further determined that it is in the best interest of the citizens of the City that the Code be amended to provide for better definition and focus in the special review process for the approval of group homes in the City and to bring the Code into closer harmony with state law as it applies to group homes for the developmentally disabled and elderly; and WHEREAS, the Council has further determined that the limitations and conditions as herein adopted are necessary for the protection of the health, safety and welfare of the citizens of the City and the protection of the established character of the various neighborhoods of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 29 of the Code of the City of Fort Collins be amended as follows: Section 1 . That Section 29-1 of the Code of the City be amended by the addition of the following definitions: Sec. 29-1 . Definitions. Developmentally disabled shall mean those persons having cerebral palsy, multiple sclerosis, mental retardation, autism, learning disability, or epilepsy. Elderly shall mean a person sixty (60) years of age or older. Long term care facility shall be any of the following: (1) Conva7escent center shall mean a health institution that is planned, organized, operated, and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from but maintaining an affiliation with all services in a general hospital . (2) Nursing care facility shall mean a health institution Planned, organized, operated, and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four-hour nursing services for illness, injury, or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four-hour nursing services under the direction of a registered professional nurse employed full time. (3) Intermediate health care facility shall mean a health related institution planned, organized, operated, and maintained to provide facilities and services which are supportive, restorative, and preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury, or disability for which regular medical care and twenty-four-hour nursing services are required. Section 2. That the definition of "Group Nome" as contained in Section 29-1 be amended to provide as follows: Sec. 29-1 . Definitions. Group home shall mean a residence operated as a single dwelling, licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, or social , behavioral or disciplinary problems, provided that authorized supervisory personnel are present on the premises. Section 3. That Section 29-459 (10) and (11) be, and the same hereby are, amended to provide as follows: (10) A home occupation shall not be interpreted to include the following: (a) Animal hospital ; (b) Long term care facility; (c) Restaurant; (d) Tourist home; (e) Group home. (11) A home occupation shall be permitted only after the owner has obtained a home occupation license from the city. The fee for such a license shall be ten dollars ($10. ) , and the term of such license shall be two (2) years. At the end of such term, the license may be issued again upon the submission and review of a new application and the payment of an additional ten dollar ($10. ) fee. If the city is conducting an investigation of a violation of the code with respect to the particular home occupation at the time such renewal application is made, the license will not be reissued until the investigation is completed, and if necessary, all violations have been corrected. The term of the previous license shall continue during the period of investigation. Section 4. That Section 29-475 is hereby repealed in its entirety and readopted to provide as follows: Sec. 29-475. Group home regulations; special review. (a) Group homes shall conform to the lot area and separation requirements as specified in the following table: Maximum Minimum number of Additional separation residents, lot area Maximum requirement excluding for each permissible between supervisors, additional residents, any other for minimum resident excluding group home Zone lot size (square feet) supervisors (feet) R-E, R-F 3 2000 8 1500 R-L 3 1500 8 1500 R-M 6 750 15 1000 R-H 6 500 20 700 B-G 6 500 20 700 (b) With respect to group homes which require special review, the following regulations shall apply: (1) Before any group home shall be approved in the R-E, R-F, or R-L zone, (or any other zone with permitted uses referenced to the R-E, R-F, or R-L zone) the Planning and Zoning Board shall first conduct a special review hearing for the purpose of approving, denying, or approving with conditions the application for a group home use in such zone. If approved, the board shall , with such approval , establish the type of group home permitted and the maximum number of residents allowed in such group home. Said hearing shall be open to the public and the decision of the Planning and Zoning Board may be appealed to the City Council pursuant to the provisions of §2-46 et seq. (2) The issues for consideration by the Planning and Zoning Board at the special review hearing shall include an analysis of the following: (a) building height; (b) building setbacks; (c) building coverage of the lot; (d) external s i g n a g e ; ( e) traffic and parking ; ( f) compatibility of architectural design with the character of the surrounding neighborhood; (g) whether the types of treatment activities or the rendering of services proposed to be conducted upon the premises is in a manner substantially inconsistent with the activities otherwise permitted in the zoning district; and (h) such other requirements for group homes as are established in this Chapter. (c) A group home may be located without consideration to the minimum separation requirements as established in (a) of this Section if the group home is separated from other group homes within the area of the aforesaid minimum separation requirement by a substantial natural or man made physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks, river, or commercial/business district. Such reduction in the separation requirement shall be allowed only after the Planning and Zoning Board has conducted a special review hearing to determine that the barrier and resulting separation distance are adequate to protect the city from the detrimental impact of an excessive concentration of group homes in any one vicinity. (d) No permanent certificate of occupancy will be issued by the city for a group home until the person applying for the group home has submitted a valid license, or other appropriate authorization, or copy thereof, from a governmental agency having jurisdiction. (e) If active and continuous operations are not carried on in a group home which was approved pursuant to the special review provisions contained in this Section for a period of twelve (12) consecutive months, the group home use shall be considered to have been abandoned. The group home use can be reinstated only after obtaining approval from the Planning and Zoning Board as outlined in the special review provisions of this Section. (f) A notice of any group home permit granted by the city, and any conditions imposed upon such group home, shall be duly recorded by the city with the county Clerk and Recorder, showing the description of the property upon which such group home is permitted. Introduced, considered favorably on first reading, and ordered published this 17th day of November, A.D. 1987, and to be presented for final passage on the 1st day of December, A.D. yo/i' ATTEST: 4 City Clerk 1987. Passed and adopted on final reading this 1st day of December, A.D. M Ir ATTEST: ' City Clerk