Item 25 - Group Home Zoning Ordinance

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Ordinance No. NS-XXX Page 22 of 27 In addition to meeting the requirements for approval of a Group Home Special Use Permit as contained in Section 41-2402, a conditional use permit for a group home with seven or more occupants or a residential care facility with seven or more occupants, where such uses are permitted subject to a conditional use permit , shall be required, subject to the following conditions: (a) The requirements of Division 3 of Article V of Chapter 41, Development Project Plan Approval, have been met. (b) The findings for granting a conditional use permit in accordance with subsection 41-638 are met. (c) The separation requirement in Section 41-2402(b)(2) may be reduced if the planning commission determines that such location will not result in an over - concentration of similar uses. Sec. 41-2404. - Existing group homes with six or fewer occupants - compliance. (a) Existing group homes must apply for a Group Home Special Use Permit within 90 days of the effective date of this Article. (b) Group homes that are in existence upon the effective date of this Article shall have one year from the effective date of this Article to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six-resident (6)- maximum. (c) Existing group homes obligated by a written lease exceeding one year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee. Sec. 41-2405. - Existing group homes with seven or more occupants – compliance. Group homes with seven or more occupants that are in existence upon the effective date of this Article may continue to operate subject to the following: (a) The operator obtains an Operator's Permit pursuant to Section 8-3600 et seq., within 120 days from the effective date of this Article; and (b) The group home is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one year from the effective date of this Article. Notwithstanding the foregoing, an existing group home subject to this Section obligated by a written lease exceeding one year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee .