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<br /> <br />Ordinance No. NS-XXX <br />Page 22 of 27 <br /> <br /> <br />i. Any owner/operator or staff person of a sober-living home is a recovering <br />drug or alcohol abuser and upon the date of application or employment <br />has had less than one full year of sobriety. <br /> <br />ii. The owner/operator of a sober-living home fails to immediately take <br />measures to remove any resident who uses alcohol or illegally uses <br />prescription or non-prescription drugs, or who is not actively participating <br />in a legitimate recovery program from contact with all other sober <br />residents. <br /> <br />iii. The sober-living home, as measured by the closest property lines, is <br />located within 650 feet of any other sober-living home or alcoholism or <br />drug abuse recovery or treatment facility. If alcoholism or drug <br />abuse recovery or treatment facility moves within 650 feet of an existing <br />sober-living homes this shall not cause the revocation of the sober-living <br />home’s permit or be grounds for denying a transfer of such permit. <br /> <br />(7) For any other significant and/or repeated violations of this Section and/or any <br />other applicable laws and/or regulations, including, but not limited to, failure to <br />comply with the provisions of subsections (b)(11) through (14). <br /> <br />(8) Revocation shall not apply to any group home, which otherwise would cause it to <br />be in violation of this section, that has obtained a reasonable accommodation <br />pursuant to Section 41-652 through 41-655. <br /> <br />Sec. 41-2403. - Conditional use permit required. <br /> <br />In addition to meeting the requirements for approval of a Group Home Special Use <br />Permit as contained in Section 41-2402, a conditional use permit for a group home with <br />seven or more occupants or a residential care facility with seven or more occupants, <br />where such uses are permitted subject to a conditional use permit, shall be required, <br />subject to the following conditions: <br /> <br />(a) The requirements of Division 3 of Article V of Chapter 41, Development Project <br />Plan Approval, have been met. <br /> <br />(b) The findings for granting a conditional use permit in accordance with subsection <br />41-638 are met. <br /> <br />(c) The separation requirement in Section 41-2402(b)(2) may be reduced if the <br />planning commission determines that such location will not result in an over - <br />concentration of similar uses. <br /> <br /> <br />Sec. 41-2404. - Existing group homes with six or fewer occupants - compliance. <br /> <br />(a) Existing group homes must apply for a Group Home Special Use Permit within 90 <br />days of the effective date of this Article.